INTELLECTUAL PROPERTY ACTS OF THE REPUBLIC OF SLOVENIA · CIP - Kataložni zapis o publikaciji Narodna in univerzitetna knjižnica, Ljubljana 347.77/.78(497.4)(094.5) SLOVENIJA. Zakoni

INTELLECTUAL PROPERTY ACTS

OF THE REPUBLIC OF SLOVENIA

INTE

LLEC

TUAL

PRO

PERT

Y ACT

S OF T

HE R

EPUB

LIC

OF SL

OVEN

IA

2008



Second edition

Ministrstvo za gospodarstvo URAD RS ZA INTELEKTUALNO LASTNINO

Ljubljana, 2008

CIP - Kataložni zapis o publikaciji Narodna in univerzitetna knjižnica, Ljubljana

347.77/.78(497.4)(094.5)

SLOVENIJA. Zakoni itd. Intellectual Property Acts of the Republic of Slovenia. - 2nd ed. - Ljubljana : Ministrstvo za gospodarstvo, Urad RS za intelektualno lastnino, 2008

ISBN 978-961-6083-12-6

237067264

Contents

INDUSTRIAL PROPERTY ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Chapter I BASIC PRINCIPLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Article 1 Scope of the Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Article 2 National treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Article 3 Applications for the acquisition of industrial property rights . . . . . 14 Article 4 Priority of the earlier application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Article 5 The Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Article 6 Decisions of the Office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Article 7 Information to the public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Article 8 Secrecy and inspection of applications . . . . . . . . . . . . . . . . . . . . . . . . . .16 Article 9 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Chapter II PATENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

SectionI Patentsandshort-termpatents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Article 10 Subject-matter of patent protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Article 11 Exceptions to patent protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Article 12 Novelty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Article 13 Non-prejudicial disclosures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Article 14 Inventive step . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Article 15 Industrial application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 Article 16 Subject-matter of short-term patent protection . . . . . . . . . . . . . . . . .20 Article 17 Secret inventions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 Article 18 Rights conferred by a patent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 Article 19 Limitation of rights conferred by a patent. . . . . . . . . . . . . . . . . . . . . . . .21 Article 20 Right based on prior use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 Article 21 Exhaustion of the rights conferred by a patent. . . . . . . . . . . . . . . . . . .22 Article 22 Term of a patent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 Article 23 Term of a short-term patent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

SectionII EuropeanpatentapplicationsandEuropeanpatents . . . . . .23 Article 24 Applicable law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 Article 25 Filing of European patent applications . . . . . . . . . . . . . . . . . . . . . . . . . . .23 Article 26 Effects of a European patent application. . . . . . . . . . . . . . . . . . . . . . . . .23 Article 27 Effects of a European patent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 Article 28 Authentic text of European patent applications or European patents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 Article 29 Fees for European patents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 Article 30 Conversion into a national patent application. . . . . . . . . . . . . . . . . . . .25 Article 31 Simultaneous protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25

SectionIII PCTpatentapplications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 Article 32 Applications under the PCT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25

Chapter III INDUSTRIAL DESIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26

SectionI Industrialdesigns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 Article 33 Subject-matter of industrial design protection. . . . . . . . . . . . . . . . . . .26 Article 34 Novelty and individual character . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 Article 35 Disclosure of a design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27

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Article 36 Refusal of an industrial design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 Article 37 Rights conferred by an industrial design . . . . . . . . . . . . . . . . . . . . . . . .28 Article 38 Exhaustion of rights conferred by an industrial design . . . . . . . . . . .29 Article 39 Other forms of industrial design protection. . . . . . . . . . . . . . . . . . . . . .29 Article 40 Term of an industrial design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29

SectionII Internationaldepositofindustrialdesigns . . . . . . . . . . . . . . . . . .30 Article 41 Requests under the Hague Agreement . . . . . . . . . . . . . . . . . . . . . . . . . .30

Chapter IV MARKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30

SectionI Marksandcollectivemarks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 Article 42 Subject-matter of mark protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 Article 43 Absolute grounds for refusal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Article 44 Relative grounds for refusal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 Article 45 Subject-matter of collective mark protection . . . . . . . . . . . . . . . . . . . .33 Article 46 Regulations governing use of a collective mark . . . . . . . . . . . . . . . . . .33 Article 49 Limitation of rights conferred by a collective mark . . . . . . . . . . . . . . .35 Article 50 Exhaustion of rights conferred by a mark . . . . . . . . . . . . . . . . . . . . . . . .35 Article 51 Reproduction of marks in dictionaries . . . . . . . . . . . . . . . . . . . . . . . . . . .35 Article 52 Term of a mark. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36

SectionII Internationalregistrationsofmarks . . . . . . . . . . . . . . . . . . . . . . . . .36 Article 53 Filing of requests with the Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 Article 54 Examination of international marks . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37

Chapter V GEOGRAPHICAL INDICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 Article 55 Subject-matter of protection of registered geographical indications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 Article 56 Grounds for refusal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 Article 57 Protection against general use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 Article 58 Rights conferred by a registered geographical indication . . . . . . .38 Article 59 Limitation of rights conferred by a registered geographical indication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 Article 60 Term of a registered geographical indication . . . . . . . . . . . . . . . . . . . .39

Chapter VI GENERAL PROVISIONS CONCERNING PROCEDURES BEFORE THE OFFICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 Article 61 International right of priority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 Article 62 Temporary protection at certain international exhibitions . . . . . . .40 Article 63 Correction or addition of a priority claim . . . . . . . . . . . . . . . . . . . . . . . .40 Article 64 Restoration of the right of priority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Article 65 Prohibition to extend the scope of an application . . . . . . . . . . . . . . . 41 Article 66 Extension of time limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Article 67 Further processing after the non-observance of a time limit . . . . .42 Article 68 Restitutio in integrum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 Article 69 Withdrawal of a request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 Article 70 Notification of the applicant before refusal of a right. . . . . . . . . . . . .44 Article 71 Administrative litigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 Article 72 Proceedings relating to actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 Article 73 Inventor, designer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 Article 74 Owner of a right . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 Article 75 Transfer and licensing of rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 Article 76 Date of the acquisition of a right . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 Article 77 Lapse of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45

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Article 78 Correction of errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46

Chapter VII PROCEDURE FOR THE ACQUISITION OF RIGHTS . . . . . . . . . .46

SectionI Filingofapplicationsandexaminationastoformal requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 Article 79 Requirements of an application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 Article 80 Form of the application and the means of filing . . . . . . . . . . . . . . . . .47 Article 81 Language of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47 Article 82 Date of filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48 Article 83 Particularities concerning the filing date . . . . . . . . . . . . . . . . . . . . . . . .49 Article 84 Invitation to submit all items. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49 Article 85 Examination of an application as to formal requirements . . . . . . . .50

SectionII Specialprovisionsforpatents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Article 86 Requirements of a patent application. . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Article 87 Substance of requirements of a patent application . . . . . . . . . . . . . . 51 Article 88 Examination of requirements for the grant of a patent . . . . . . . . . . .52 Article 89 Publication of a patent application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53 Article 90 Grant of a patent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53 Article 91 Time limit for submission of a written evidence. . . . . . . . . . . . . . . . . .53 Article 92 Forms of written evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 Article 93 Issuing declaratory decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55

SectionIII Specialprovisionsforindustrialdesigns. . . . . . . . . . . . . . . . . . . . .56 Article 94 Requirements of an industrial design application . . . . . . . . . . . . . . . .56 Article 95 Substance of requirements of an industrial design application. . .57 Article 96 Examination of requirements for the registration of industrial designs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57

SectionIV Specialprovisionsformarks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57 Article 97 Requirements of a mark application . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57 Article 98 Substance of requirements of a mark application . . . . . . . . . . . . . . . .58 Article 99 Examination of absolute requirements for the refusal of a mark .58 Article 100 Opposing observations by third parties. . . . . . . . . . . . . . . . . . . . . . . . . .58 Article 101 Opposition against registration of a mark . . . . . . . . . . . . . . . . . . . . . . . .59 Article 102 Examination of the application following the opposition . . . . . . . .59 Article 103 Registration of marks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60

SectionV Specialprovisionsforgeographicalindications . . . . . . . . . . . .60 Article 104 Registration of geographical indications. . . . . . . . . . . . . . . . . . . . . . . . .60

Chapter VIII REGISTERS AND MAINTENANCE OF RIGHTS . . . . . . . . . . . . . . . 61 Article 105 Registers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Article 106 Contents of registers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Article 107 Entry of alterations in the registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63 Article 108 Procedure for entry of alterations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63 Article 109 Renewal fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .64 Article 110 Payment of renewal fees in a subsequent time limit . . . . . . . . . . . . .64

Chapter IX JUDICIAL PROTECTION AND ENFORCEMENT OF RIGHTS .65

SectionI Judicialprotection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65 SubsectionI Nullityofrights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65 Article 111 Actions for a declaration of nullity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65 Article 112 Actions for a declaration of nullity of a patent. . . . . . . . . . . . . . . . . . . .65

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Article 113 Actions for a declaration of nullity of an industrial design . . . . . . . .66 Article 114 Actions for a declaration of nullity of a mark . . . . . . . . . . . . . . . . . . . . .66SubsectionII Contestingofrights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66 Article 115 Contesting the right to a patent or industrial design . . . . . . . . . . . . .66 Article 116 Contesting the right to a mark . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67 Article 117 Entry in the register of the new owner . . . . . . . . . . . . . . . . . . . . . . . . . . .67SubsectionIII Rightoftheinventorordesignertobenamed . . . . . . . . . . . . . . . .68 Article 118 Actions for recognition of the right to be named . . . . . . . . . . . . . . . .68SubsectionIV Removalandcancellationofmarks . . . . . . . . . . . . . . . . . . . . . . . . . . . .68 Article 119 Actions for removal of marks from the register. . . . . . . . . . . . . . . . . . .68 Article 120 Actions for cancellation of marks on account of non-use . . . . . . . .69

SectionII Enforcementofrights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70 Article 120a Capacity to enforce rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70 Article 121 Actions for infringement of rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70 Article 121a Compensation for damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .71 Article 122 Additional provisions governing infringement of patent rights . .71 Article 122a Presentation of evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72 Article 123 Provisional measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72 Article 123a Order for provisional measures in patent infringements. . . . . . . . . . 74 Article 124 Preservation of evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Article 124a Preservation of evidence in patent infringements. . . . . . . . . . . . . . . .75 Article 124b Duty to provide information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .75 Article 124c Protection of other industrial property rights . . . . . . . . . . . . . . . . . . . .76

Chapter X COMPULSORY LICENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .76 Article 125 Compulsory licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .76 Article 126 Conditions for granting compulsory licences . . . . . . . . . . . . . . . . . . . .77 Article 127 Remuneration for compulsory licences . . . . . . . . . . . . . . . . . . . . . . . . . .77

Chapter XI REPRESENTATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .78 Article 128 Representation before the Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .78 Article 129 Representation of foreign persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .78 Article 130 Revocation and renunciation of a power of attorney. . . . . . . . . . . . .79 Article 131 Representatives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .79 Article 132 Entry of agents in the register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .80 Article 133 Qualifying examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .81

Chapter XII PENAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .81 Article 134 Offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .81

Chapter XIII TRANSITIONAL AND FINAL PROVISIONS . . . . . . . . . . . . . . . . . . .82 Article 135 The use of substances as medicine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .82 Article 136 Treatment of applications and validity of rights . . . . . . . . . . . . . . . . . .82 Article 137 Patent applications and patents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .83 Article 138 Industrial design applications and industrial designs. . . . . . . . . . . . .83 Article 139 Opposition on the basis of a mark applied for or registered with the Office for Harmonisation in the Internal Market (trade marks and designs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .84 Article 140 Appellations of origin. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .84 Article 141 Qualifying examinations and agents. . . . . . . . . . . . . . . . . . . . . . . . . . . . .84 Article 142 Executive regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .84 Article 143 Termination of validity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .85

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Article 144 Entry into force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .85

TRANSITIONAL AND FINAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86 Article 23 Pending proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86 Article 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86

COPYRIGHT AND RELATED RIGHTS ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

Chapter I GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .88 Article 1 Scope of the Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .88 Article 2 Public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .88 Article 3 Disclosure and publication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .89 Article 4 Relation between copyright and related rights . . . . . . . . . . . . . . . . . .89

Chapter II COPYRIGHT LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .89

SectionI Copyrightworks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .89 Article 5 Protected works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .89 Article 6 Elements of a copyright work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .90 Article 7 Transformations of copyright works . . . . . . . . . . . . . . . . . . . . . . . . . . . . .90 Article 8 Collections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .90 Article 9 Non-protected creations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .91

SectionIII Theauthor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .91 Article 10 A natural person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .91 Article 11 Presumption of authorship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .91 Article 12 Co-authors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92 Article 13 Authors of compound works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92

SectionIII Copyright . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92 SubsectionI Generalprovisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92 Article 14 Origin of copyright . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92 Article 15 Content of copyright . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92SubsectionII Moralrights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .93 Article 16 Content . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .93 Article 17 Right to the first disclosure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .93 Article 18 Right to recognition of authorship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .93 Article 19 Right to integrity of the work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .93 Article 20 Right to withdrawal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .93SubsectionIII Economicrights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .94 Article 21 Content . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .94 Article 22 Economic rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .94 Article 23 Right of reproduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .95 Article 24 Right of distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .95 Article 25 Rental right . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .95 Article 26 Right of public performance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .95 Article 27 Right of public transmission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .96 Article 28 Right of public communication by means of phonograms or videograms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .96 Article 29 Right of public presentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .96 Article 30 Right of broadcasting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .96 Article 31 Right of rebroadcasting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .97 Article 32 Right of secondary broadcasting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .97

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Article 32a Right of making available . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .97 Article 33 Right of transformation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .97SubsectionIV Otherrightsoftheauthor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .98 Article 34 Right of access and of delivery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .98 Article 35 Resale right . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .98 Article 36 Public lending right. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .99 Article 37 Right to remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .99 Article 38 Persons liable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Article 39 Amount of remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101SubsectionV Relationshipbetweencopyrightandownership . . . . . . . . . . . . .101 Article 40 General provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101 Article 41 Separateness of transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101 Article 42 Community property of spouses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102 Article 43 Exhaustion of the right of distribution . . . . . . . . . . . . . . . . . . . . . . . . . .102 Article 44 Limitation to the right of transformation. . . . . . . . . . . . . . . . . . . . . . . .102 Article 45 Protection of the original of the work . . . . . . . . . . . . . . . . . . . . . . . . . . .102

SectionIV Limitationsoncopyright. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103 Article 46 General provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103 SubsectionI Legallicenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103 Article 47 Teaching and periodicals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103 Article 47a People with a disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103SubsectionII Freeuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Article 48 Right to information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Article 49 Teaching . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Article 49a Temporary reproduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Article 50 Private and other internal reproduction. . . . . . . . . . . . . . . . . . . . . . . . .105 Article 51 Quotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105 Article 52 Accessory works of secondary importance . . . . . . . . . . . . . . . . . . . . 106 Article 53 Free transformations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Article 53a Databases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Article 54 Public exhibition or sale of artistic works. . . . . . . . . . . . . . . . . . . . . . . 106 Article 55 Works located in generally accessible premises . . . . . . . . . . . . . . . . 106 Article 56 Official proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107 Article 57 Testing of equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107

SectionV Limitationsonthedurationofcopyright . . . . . . . . . . . . . . . . . . .107 Article 58 Effect of the lapse of time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107 Article 59 General provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107 Article 60 Co-authors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107 Article 61 Anonymous and pseudonymous works . . . . . . . . . . . . . . . . . . . . . . . .107 Article 62 Collective works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Article 63 Special term for certain undisclosed works . . . . . . . . . . . . . . . . . . . . 108 Article 64 Serial works. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Article 65 Collections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Article 66 The right of withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Article 67 Calculation of terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108

Chapter III TRANSFER OF COPYRIGHT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .109

SectionI Generalprovisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .109 Article 68 Succession. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .109 Article 69 Non-transferability of copyright as a whole . . . . . . . . . . . . . . . . . . . . .109

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Article 70 Assignment of single rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .109 Article 71 Execution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .109 Article 72 Legal capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .109

SectionII Generalpartofcopyrightcontractlaw . . . . . . . . . . . . . . . . . . . . .110 Article 73 Scope of assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110 Article 74 Exclusive and non-exclusive assignment. . . . . . . . . . . . . . . . . . . . . . . .110 Article 75 Presumptions as to the scope of assignment . . . . . . . . . . . . . . . . . . .110 Article 76 The rule of separate assignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110 Article 77 Presumptions of joint assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Article 78 Subsequent assignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Article 79 Nullity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Article 80 Formality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Article 81 Royalty and remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Article 82 Accounting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Article 83 Revocation of economic right . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Article 84 Authors’ collective agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113

SectionIII Specialpartofcopyrightcontractlaw . . . . . . . . . . . . . . . . . . . . . . 113 SubsectionI Publishingcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Article 85 Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Article 86 Rights of an agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Article 87 Contents of the contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Article 88 Presumption of exclusivity of assignment. . . . . . . . . . . . . . . . . . . . . . . 114 Article 89 Publisher’s priority right . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Article 90 Improvements of the work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Article 91 Destruction of work by force majeure. . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Article 92 Termination of contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Article 93 Exception to the formality requirement. . . . . . . . . . . . . . . . . . . . . . . . . 116 Article 94 Destruction of copies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116SubsectionII Performancecontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Article 95 Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Article 96 Content of contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Article 97 Obligations of the user . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Article 98 Rescission of contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117SubsectionIII Contractforacopyrightworkmadeforhire . . . . . . . . . . . . . . . . . .117 Article 99 Copyright works made for hire. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Article 100 Collective copyright work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117SubsectionIV Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Article 101 Copyright work created in the course of employment . . . . . . . . . . 118 Article 102 Special rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118

Chapter IV SPECIAL PROVISIONS FOR COPYRIGHT WORKS . . . . . . . . . . 118

SectionI Audiovisualworks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .118 Article 103 Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Article 104 The right of audiovisual adaptation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Article 105 Co-authors of an audiovisual work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Article 106 Authors of contributions to audiovisual work . . . . . . . . . . . . . . . . . . .120 Article 107 Film production contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .120 Article 108 Royalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .120 Article 109 Completion of an audiovisual work . . . . . . . . . . . . . . . . . . . . . . . . . . . . .121 Article 110 Rescission of contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .121

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SectionII Computerprograms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .121 Article 111 Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .121 Article 112 Employment and works made for hire . . . . . . . . . . . . . . . . . . . . . . . . . .122 Article 113 Rights of the author . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .122 Article 114 Limitations of the scope of author’s rights . . . . . . . . . . . . . . . . . . . . . .122 Article 115 Decompilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .123 Article 116 Special measures of protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .124 Article 117 Application of other legal provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . .124

Chapter V RELATED RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .124

SectionI Rightsofperformers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .124 Article 118 Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .124 Article 119 Representative of a group of performers. . . . . . . . . . . . . . . . . . . . . . . .124 Article 120 Moral rights of performers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .125 Article 121 Economic rights of performers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .125 Article 122 The right to remuneration in case of public communication of a phonogram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .125 Article 123 The right to remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .126 Article 124 Presumption of assignment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .126 Article 125 Completion of audiovisual work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .126 Article 126 Performance given in the course of employment . . . . . . . . . . . . . . .126 Article 127 Terms of protection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .126

SectionII Rightsofproducersofphonograms . . . . . . . . . . . . . . . . . . . . . . . .127 Article 128 Producers of phonogram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .127 Article 129 Rights of the producer of phonograms . . . . . . . . . . . . . . . . . . . . . . . . .127 Article 130 Right to remuneration for public communication of phonograms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .127 Article 131 Right to remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .128 Article 132 Term of protection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .128

SectionIII Rightsoffilmproducers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .128 Article 133 Film producer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .128 Article 134 Rights of a film producer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .128 Article 135 Right to remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .128 Article 136 Term of protection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .129

SectionIV Rightsofbroadcastingorganizations. . . . . . . . . . . . . . . . . . . . . . .129 Article 137 Rights of a broadcasting organization . . . . . . . . . . . . . . . . . . . . . . . . . .129 Article 138 Term of protection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .129

SectionV Rightsofpublishers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .129 Article 139 Right to remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .129 Article 140 Unpublished works in public domain . . . . . . . . . . . . . . . . . . . . . . . . . . .130 Article 141 Critical and scientific editions of works in public domain . . . . . . .130

SectionVI Rightsofmakersofdatabases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .130 Article 141a Databases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .130 Article 141b Scope of protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .130 Article 141c Rights of the maker of databases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .131 Article 141d Rights and obligations of lawful users . . . . . . . . . . . . . . . . . . . . . . . . . .131 Article 141e Employment and contracts for hire . . . . . . . . . . . . . . . . . . . . . . . . . . . . .131 Article 141f Term of protection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .132 Article 141g Limitations to the right of the maker . . . . . . . . . . . . . . . . . . . . . . . . . . . .132

10 CONTENTS

Chapter VI MANAGEMENT AND ENFORCEMENT OF RIGHTS. . . . . . . . .132

SectionI Generalprovisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .132 Article 142 Author and agent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .132 Article 143 Individual and collective management of rights . . . . . . . . . . . . . . . .133 Article 144 Scope of agency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .133 Article 145 Related rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .133

SectionII Collectivemanagement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .133 Article 146 Activities of collecting societies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .133 Article 147 Mandatory collective management. . . . . . . . . . . . . . . . . . . . . . . . . . . . .134 Article 148 Request for issuance of authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . .134 Article 149 Grounds for refusal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .135 Article 150 Issuance of the authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .135 Article 151 Contract with the author . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .136 Article 152 Obligation to manage rights collectively. . . . . . . . . . . . . . . . . . . . . . . .136 Article 153 Rules for the distribution of revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . .136 Article 154 Special case of distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .136 Article 155 Obligation to furnish information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .137 Article 156 Tariff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .137 Article 157 Inclusive agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .138 Article 157a Proceedings with the Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .139 Article 157b The Board’s decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 Article 157c Costs of proceedings before the Board . . . . . . . . . . . . . . . . . . . . . . . . 140 Article 157d Judicial protection against the Board’s decisions. . . . . . . . . . . . . . . .141 Article 157e The Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .141 Article 157f Organization of the Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .142 Article 158 Obligation to contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .142 Article 159 Obligation of users to provide information. . . . . . . . . . . . . . . . . . . . . .143 Article 160 Supervision by members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .143 Article 161 Annual reports and audits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .143 Article 162 Supervision by the competent authority. . . . . . . . . . . . . . . . . . . . . . . 144 Article 162a Measures in the case of infringements by collecting

societies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .145 Article 163 Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .145

Chapter VII PROTECTION OF RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146

SectionI Generalprovisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Article 164 Persons entitled to protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Article 165 Joinder of parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .147 Article 166 Protection of rights-management information. . . . . . . . . . . . . . . . . .147 Article 166a Technological measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .147 Article 166b Obligation to use markings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Article 166c Enforcement of the limitations to rights. . . . . . . . . . . . . . . . . . . . . . . . 148

SectionII Judicialprotection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Article 167 Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .149 Article 168 Compensation for damage and punitive damages. . . . . . . . . . . . . .150 Article 169 Monetary satisfaction for non-material damage . . . . . . . . . . . . . . . .150 Article 170 Provisional measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .151 Article 171 Preservation of evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .152 Article 172 Duty to provide information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .153 Article 173 Presentation of evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .154

CONTENTS 11

SectionIII Measuresfortheenforcementofprotection . . . . . . . . . . . . . .154 Article 174 Register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .154 Article 175 Symbols and notices of reserved exclusive rights . . . . . . . . . . . . . . .155

Chapter VIII RELATIONS WITH FOREIGN ELEMENTS. . . . . . . . . . . . . . . . . . . .155 Article 176 General provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .155 Article 177 Authors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .156 Article 178 Performers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .156 Article 179 Producers of phonograms, film producers, and publishers . . . . . .156 Article 180 Broadcasting organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .157 Article 181 Comparison of terms of protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . .157 Article 182 Communication to the public by satellite . . . . . . . . . . . . . . . . . . . . . . .157 Article 183 Stateless persons and refugees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .157

Chapter IX PENAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .158 Article 184 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .158 Article 185 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .159 Article 186 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .160

TRANSITIONAL AND FINAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .160

EMPLOYMENT RELATED INVENTIONS ACT . . . . . . . . . . . . . . . . . . . . . . . . . . 161

GENERALPROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .162 MUTUALRIGHTSANDOBLIGATIONSOFEMPLOYEESANDEMPLOYERS . .162 SPECIALPROVISIONSFORNEWSHAPESOFPRODUCTS,PICTURES

ANDDRAWINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .169 CONCILIATIONPROCEEDINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .170 JUDICIALPROTECTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .172 PENALTYPROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .172 TRANSITIONALANDFINALPROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .173

ACT ON THE PROTECTION OF TOPOGRAPHIES OF INTEGRATEDCIRCUITS 174

LIST OF INTERNATIONAL TREATIES WHICH SLOVENIA IS PARTY TO . . . 181

12 CONTENTS

INDUSTRIAL PROPERTY ACT*

of23May2001

aslastamendedon6February2006

(asinforcefrom11March2006)

* Published in the Official Gazette RS Nos. 45/01, 96/02, 37/04 and 20/06. Unofficial trans-latranslation.

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ChapterIBASIC PRINCIPLES

Article1Scope of the Act

(1) This Act defines the types of industrial property rights under this Act and proceedings for the grant and registration of these rights, judicial protection of rights and representation of parties in the proceedings under this Act.

(2) Industrial property rights under this Act shall be patents, supplementary pro-tection certificates, industrial designs, marks and geographical indications.

(3) This Act integrates into the legal system of the Republic of Slovenia the provi-sions of the Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions (OJ L 213, 30 July 1998 p. 13), Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs (OJ L 289, 28 October 1998, p. 28), First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ L 40, 11 February 1989, p. 1) and Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ L 195, 2 June 2004, p. 16).

Article2National treatment

(1) Legal and natural persons that are foreign nationals shall enjoy, in respect of the protection of industrial property rights in the Republic of Slovenia, the same rights as domestic legal or natural persons, or other domestic nationals, in conformity with the Agreement on Trade-Related Aspects of Intellectual Property Rights of 15 April 1994 (Official Gazette RS - MP No. 10/95), herein-after referred to as “the TRIPS Agreement”, or the application of the principle of reciprocity.

(2) The party invoking reciprocity shall be required to prove the existence of reciprocity.

Article3Applications for the acquisition of industrial property rights

(1) Subject to Article 17, the acquisition of an industrial property right in the Republic of Slovenia shall be requested by filing a national application with the Slovenian Intellectual Property Office, hereinafter referred to as “the Office”, in accordance with this Act.

Chapter I BASIC PRINCIPLES

1� INDUSTRIAL PROPERTY ACT

(2) The acquisition of industrial property rights in the Republic of Slovenia may also be requested on the basis of applications filed abroad, if this is in conformity with an international treaty which is binding on the Republic of Slovenia. The legal effect of the rights conferred by such applications shall be the same as that of the rights conferred by national applications, unless otherwise provided by a respective international treaty.

(3) A national application shall not give rise to an industrial property right if a prior application has been filed, by the same person, under paragraph (2), for the acquisition of the same right.

(4) The acquisition of industrial property rights abroad may also be requested on the basis of applications filed with the Office, if this is in conformity with an international treaty which is binding on the Republic of Slovenia.

Article4Priority of the earlier application

Where two or more applicants file applications to acquire protection for the same invention, design or sign in the Republic of Slovenia, the applicant who has the earliest date of filing or, if priority is claimed, the date of priority, shall have priority over the other applicant.

Article5The Office

(1) The main tasks of the Office shall be:

(a) to receive applications by which the acquisition of industrial property rights is requested;

(b) to carry out autonomously proceedings relating to the grant of patents and registration of industrial designs, marks and geographical indications, and to grant patents and register industrial designs, marks and geographical indica-tions;

(c) to keep the registers of industrial property rights and other registers under this Act;

(d) to provide information services relating to industrial property rights;

(e) to represent the Republic of Slovenia, in conformity with the position, in-structions and authorisation by the Government of the Republic of Slovenia, in foreign and international organisations in the field of industrial property;

(f) to perform other tasks which fall within its competence.

(2) The Office shall publish its Official Journal containing data on applications and industrial property rights.

INDUSTRIAL PROPERTY ACT


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(3) The Office shall be autonomous with respect to finances relating to payment of fees under this Act and payments for services supplied under Article 7, and shall verify those payments.

(4) The Office shall be managed by the Director who shall be responsible for its operation and shall be appointed by the Government of the Republic of Slovenia.

Article6Decisions of the Office

(1) In proceedings for the grant or registration of industrial property rights and maintenance thereof, and in proceedings concerning the keeping of registers of rights and other registers, the Office shall issue decisions, orders and other acts pursuant to this Act. In the absence of corresponding provisions in this Act, the Act regulating general administrative procedure shall apply.

(2) Proceedings relating to applications under Article 3(2) or (4) shall be con-ducted by the Office in conformity with international treaties which are binding on the Republic of Slovenia and implementing rules and instructions relating thereto. In the absence of corresponding provisions in the relevant international treaty, the provisions of this Act shall apply mutatis mutandis.

Article7Information to the public

(1) Subject to Article 8, the Office shall make possible for any person to inspect files relating to applications, and to have access to data relating to applications and rights granted or registered.

(2) Against payment, the Office shall supply information on the state of the art comprised in patent documents, and other services in the field of information and documentation.

(3) The Minister competent for the field of industrial property shall issue an order on the tariff fixing the kinds and the amount of payments under para-graph (2).

Article 8 Secrecy and inspection of applications

(1) The files relating to patent and industrial design applications shall be official secrecy until the publication of the patent application in the Official Journal or the registration of the industrial design.

(2) The files which are official secrecy shall be made available for inspection only with the consent of the applicant.



(3) Any person who can prove that, in relation to his acts, the applicant informed him in writing about his application and the scope of requested protection may obtain inspection of the files which are official secrecy without the consent of the applicant.

(4) Where a patent application relating to a deposited biological material has been refused or withdrawn, the deposited biological material shall only be available to an independent expert for twenty years from the date of filing of the application, if so requested by the applicant.

(5) Even prior to the publication of the patent application in the Official Jour-nal, the Office may publish the following data or communicate them to third parties:

(a) the number of the application;

(b) the date of filing of the application and, where the priority is claimed, the date, State or Office and file number of the previous application;

(c) data concerning the applicant (surname, forename and address, or firm and seat);

(d) the title of the invention.

Article9Fees

(1) For the acquisition and maintenance of rights under this Act, fees shall be paid in time limits laid down by this Act. The amounts of fees shall be fixed by a decree issued by the Government of the Republic of Slovenia.

(2) In proceedings in which fees under paragraph (1) shall be paid, the fees under the Act regulating administrative fees shall not be payable.

(3) If procedural fees are not paid in due time, or are not paid in full, they are deemed to be unpaid and the request to be withdrawn, unless otherwise pro-vided by this Act. Upon request, the Office shall refund the amount which has been paid.



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ChapterII PATENTS

SectionIPatents and short-term patents

Article10Subject-matter of patent protection

(1) Patents shall be granted for any inventions, in all fields of technology, which are new, involve an inventive step and are susceptible of industrial applica-tion.

(2) Detailed conditions for the grant of patents in respect of individual fields of technology with certain technical or technological characteristics shall be defined by a decree issued by the Government of the Republic of Slovenia.

Article11Exceptions to patent protection

(1) Discoveries, scientific theories, mathematical methods, and other rules, schemes, methods and processes for performing mental acts as such shall not be considered inventions within the meaning of Article 10.

(2) A patent shall not be granted for:

(a) inventions, the exploitation of which would be contrary to public order or morality;

(b) inventions of surgical or diagnostic methods or methods of treatment prac-tised directly on the living human or animal body, with the exception of inven-tions relating to products, in particular substances or compositions for use in any of these methods.

Article12Novelty

(1) An invention shall be considered to be new if it does not form part of the state of the art.

(2) The state of the art shall be held to comprise everything made available to the public by means of an oral or written description, by use, or in any other way, before the date of filing of the patent application. The right of priority shall have the effect that the date of priority shall count as the date of filing for the purposes of this Article.

Chapter II PATENTS

18 INDUSTRIAL PROPERTY ACT

(3) The contents of the following applications, which have been filed before the date referred to in paragraph (2) and which were published on or after that date, shall also be considered as comprised in the state of the art:

(a) national patent applications, as originally filed with the Office;

(b) European patent applications, as originally filed with the European Patent Of-fice, hereinafter referred to as “the EPO”, under the European Patent Convention of 5 October 1973, hereinafter referred to as “the EPC”, requesting protection in the Republic of Slovenia;

(c) international applications, as originally filed under the Patent Cooperation Treaty of 19 June 1970, as amended on 2 October 1979 and modified on 3 February 1984 (Official Gazette RS - MP No. 19/93), hereinafter referred to as “the PCT”, received by the Office as the elected Office in accordance with Article 39 of the PCT.

(4) The provisions of paragraphs (1) to (3) shall not exclude from patentability any substance or composition comprised in the state of the art where it is intended for use in a method of treatment referred to in Article 11(2)(b) and such use is not comprised in the state of the art.

Article13Non-prejudicial disclosures

(1) For the purpose of applying Article 12, a disclosure of the invention shall not be taken into consideration if it occurred no earlier than six months preceding the filing of the application and if it was due to, or in consequence of:

(a) an evident abuse in relation to the applicant or his legal predecessor, or

(b) the fact that the applicant or his legal predecessor has displayed the inven-tion at an official, or officially recognised, international exhibition referred to in Article 62.

(2) The provision of paragraph (1)(b) shall apply only if the applicant states, when filing the application, that the invention has been so displayed and files a supporting certificate in conformity with Article 62(2).

Article14Inventive step

(1) An invention shall be considered as involving an inventive step if, having regard to the state of the art within the meaning of Article 12(2), it is not obvious to a person skilled in the art.

(2) If the state of the art also includes documents within the meaning of Article 12(3), these documents are not to be considered in deciding whether there has been an inventive step.


Chapter II PATENTS

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(3) Where an applicant, after having filed an application which has not yet been published, files another application for the same invention, the first application is not to be considered in deciding whether there has been an inventive step in the second application.

Article15Industrial application

An invention shall be considered as susceptible of industrial application if it can be made or used in any kind of industry, including agriculture.

Article16Subject-matter of short-term patent protection

(1) With the exception of processes, plant varieties and animal breeds, a short-term patent may be granted for inventions which are new, susceptible of in-dustrial application and are the result of a creative effort.

(2) An invention shall be considered to be the result of a creative effort if it exhibits either particular effectiveness or a practical industrial advantage.

(3) The provisions of this Act relating to patents shall apply mutatis mutandis to short-term patents, unless otherwise provided by this Act.

Article17Secret inventions

(1) Inventions which are important for the defence or security of the Republic of Slovenia shall be deemed secret and shall be registered at the Ministry com-petent for the defence.

(2) The conditions of exploitation of secret inventions, in particular compensa-tion for the exploitation, shall be subject to mutual agreement between the inventor and the Ministry competent for the defence.

(3) The application for the invention referred to in paragraph (1) may be filed with the Office if the Ministry competent for the defence does not wish to exploit it or if it consents to the filing of the patent application.

Article18Rights conferred by a patent

(1) A patent shall confer on its owner the following exclusive rights:

(a) where the subject-matter of a patent is a product, to prevent third parties not having the owner’s consent from the acts of making, using, offering for sale, selling, or importing for these purposes that product;

Chapter II PATENTS


(b) where the subject-matter of a patent is a process, to prevent third parties not having the owner’s consent from the act of using the process, and from the acts of offering for sale, selling, or importing for these purposes the product obtained directly by that process.

(2) The scope of protection conferred by a patent shall be determined by the terms of the claims. Nevertheless, the description and drawings shall be used to interpret the claims.

Article19Limitation of rights conferred by a patent

The rights conferred by a patent within the meaning of Article 18 shall not extend to:

(a) acts done privately and for non-commercial purposes;

(b) acts done for research and experimental purposes of any kind relating to the subject-matter of the patent irrespective of their final purpose;

(c) the extemporaneous preparation for individual cases in a pharmacy of a medicine in accordance with a medical prescription nor acts concerning the medicine so prepared;

(d) the use on board vessels of other countries of the patented invention, in the body of the vessel, in the machinery, tackle, gear and other accessories, when such vessels temporarily or accidentally enter the waters of the Republic of Slovenia, provided that the invention is used there exclusively for the needs of the vessel;

(e) the use of the patented invention in the construction or operation of aircraft or land vehicles of other countries, or of accessories to such aircraft or land vehicles, when those aircraft or land vehicles temporarily or accidentally enter the territory of the Republic of Slovenia;

(f) the acts specified in Article 27 of the Convention on International Civil Aviation of 7 December 1944 (Official Gazette FLRJ-MP Nos. 3/54, 5/54, 9/61, 5/62, 11/63, 49/71, 62/73, 15/78 and 2/80, Official Gazette RS-MP No. 9/92), where these acts concern the aircraft of a State benefiting from the provisions of that Article.

Article20Right based on prior use

(1) The rights conferred on the owner of a patent by virtue of Article 18 shall have no legal effect vis-a-vis a person who was using the invention in the Republic of Slovenia in good faith before the date of filing or, if priority is claimed, the date of priority, or was making preparations for such use, and who continues such use. Such person retains the right to use the invention, but has no right to give licence or otherwise use the invention.


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(2) The right of the person referred to in paragraph (1) to continue the use of the invention may only be transferred together with his enterprise or business in which the use or preparations for use have been made.

Article21Exhaustion of the rights conferred by a patent

(1) The rights conferred by a patent shall not extend to acts concerning a prod-uct covered by that patent which are done in the Republic of Slovenia after that product has been put on the market in the Republic of Slovenia by the owner of the patent or with his express consent, unless there are grounds which, under the law of the Republic of Slovenia, would justify the extension to such acts of the rights conferred by the patent.

(2) The exhaustion of the rights referred to in paragraph (1) may be extended beyond the territory of the Republic of Slovenia, if this is in conformity with an international treaty which is binding on the Republic of Slovenia.

Article22Term of a patent

(1) Subject to Article 91(3) and corresponding provisions of Article 109, the term of a patent shall be twenty years as from the date of filing of the application.

(2) Immediately on expiry, the term of a patent may be extended once in the case of a state of war or similar emergency conditions, for the duration of such state or conditions, but not for more than five years.

(3) Immediately on expiry of the term of the patent, a supplementary protec-tion certificate may be granted once, in accordance with a decree issued by the Government of the Republic of Slovenia, if the subject-matter of the patent is a product or a process of manufacturing a product or a use of a product which has to undergo an administrative authorisation procedure required by law before it can be put on the market, but not for more than five years.

Article23Term of a short-term patent

Subject to corresponding provisions of Article 109, the term of a short-term patent shall be ten years as from the date of filing of the application.

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SectionIIEuropean patent applications and European patents

Article24Applicable law

(1) Patents granted by the EPO in accordance with the EPC, hereinafter referred as “European patents”, and applications for a European patent filed in accord-ance with the EPC, hereinafter referred to as “European patent applications”, requesting protection in the Republic of Slovenia shall be governed by this Act, unless otherwise provided by the EPC.

(2) In case of conflict between the provisions of the EPC and those of this Act, the provisions of the EPC shall prevail in respect of European patent applications and European patents.

Article25Filing of European patent applications

(1) European patent applications, other than divisional applications, may be filed with the Office in any language accepted under Article 14(1) and (2) of the EPC.

(2) Article 17 shall apply to European patent applications relating to inventions that may affect the national security of the Republic of Slovenia.

Article26Effects of a European patent application

(1) A European patent application requesting protection in the Republic of Slov-enia which has been accorded a filing date shall be equivalent to a national ap-plication, where appropriate with the priority claimed for the European patent application, whatever its outcome may be.

(2) A published European patent application requesting protection in the Re-public of Slovenia shall confer the protection conferred under Article 122(4) as from the date on which a translation of the claims of that application as published has been communicated by the applicant to the person using the invention in the Republic of Slovenia.

Article27Effects of a European patent

(1) A European patent requesting protection in the Republic of Slovenia shall, subject to paragraphs (2) to (4), confer as from the date of the mention of its grant by the EPO the same rights as a patent granted by the Office under Ar-ticle 18.


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(2) The owner of the European patent shall furnish to the Office within three months after the mention of its grant a translation of the claims into the Slovene language and shall pay the prescribed fee for publication.

(3) Where, as a result of an opposition procedure before the EPO, the European patent is maintained as amended, paragraph (2) shall apply mutatis mutandis.

(4) If the text of the claims contains reference signs used in drawings, those draw-ings shall be attached to the translation referred to in paragraphs (2) and (3). The text in the drawings, if any, shall also be translated into the Slovene language.

(5) The Office shall publish any translation filed in conformity with paragraphs (2), (3) or (4).

(6) Where the owner of the European patent complies with paragraph (2), the Office shall issue a decision on entry of the European patent in the Office’s patent register.

(7) If the translation referred to in paragraphs (2), (3) or (4) is not filed, or the pre-scribed fee is not paid, in due time, the European patent requesting protection in the Republic of Slovenia shall be deemed to be void.

Article28Authentic text of European patent applications or European patents

(1) Where a translation referred to in Articles 26 and 27 confers protection which is narrower than that conferred by a European patent application or European patent in the language of the proceedings, that translation shall be regarded as the authentic text, except for opposition proceedings before the EPO.

(2) The applicant for or owner of the European patent may file a corrected translation of claims at any time. The corrected translation shall take effect only after it has been published by the Office, or communicated to the person using the invention in the Republic of Slovenia by the applicant for or owner of the European patent.

(3) Any person who, in good faith, is using or has made effective and serious preparations for using an invention, the use of which would not constitute infringement of the application or patent in the original translation may, after the corrected translation takes effect, continue such use in the course of his business and for the needs thereof without payment.

Article29Fees for European patents

(1) Subject to Articles 109 and 110, renewal fees in respect of European patents requesting protection in the Republic of Slovenia shall be paid to the Office for each year following that in which the order on the grant of the European patent

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is published. Where the renewal fee for the third year of the maintenance of a European patent has not been paid to the EPO, it shall be paid to the Office.

(2) Notwithstanding paragraph (1), the first renewal fee in respect of a European patent shall fall due within two months after the order on the grant of the European patent is published.

(3) Pursuant to Article 39 of the EPC, the European Patent Organisation shall be remitted a proportion of fees paid under this Article.

Article30Conversion into a national patent application

(1) A European patent application requesting protection in the Republic of Slov-enia may be converted into a national patent application, where the European patent application is deemed to be withdrawn pursuant to Article 77(5) of the EPC or, because the translation of the application under Article 14(2) of the EPC has not been filed in due time, pursuant to Article 90(3) of the EPC.

(2) The applicant shall pay, within the prescribed time limit, the prescribed fee, and file a translation of the application into the Slovene language with the Office.

Article31Simultaneous protection

Where a European patent and a national patent having the same date of filing or, if priority is claimed, date of priority, have been granted to the same person, the national patent shall have no legal effect, to the extent that it covers the same invention as the European patent, as from the date on which the time limit for filing an opposition to the European patent has expired without an opposition having been filed, or as from the date on which the opposition procedure has resulted in a final decision maintaining the European patent.

SectionIIIPCT patent applications

Article32Applications under the PCT

(1) The Office shall act as a receiving Office under the PCT.

(2) The Office shall accept international applications filed by nationals of the Republic of Slovenia or persons having their residence or seat therein.

(3) International applications under the PCT shall be filed in English, French or German language. They may also be filed in the Slovene language if a translation in English, French or German language is submitted to the Office within the time limit prescribed in implementing rules and instructions under the PCT.


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(4) The Office shall collect fees in respect of applications under this Article on behalf and for the account of the International Bureau of the World Intellectual Property Organization.

(5) The EPO shall act as an International Searching Authority and International Preliminary Examining Authority in respect of international applications under the PCT filed with the Office.

(6) A designation or election of the Republic of Slovenia in an international ap-plication under Article 2(viii) of the PCT shall be considered as a request for the grant of a European patent having effect in the Republic of Slovenia under an international treaty which is binding on the Republic of Slovenia.

ChapterIIIINDUSTRIAL DESIGNS

SectionIIndustrial designs

Article33Subject-matter of industrial design protection

(1) An industrial design shall be registered for a design to the extent that it is new and has an individual character.

(2) “Design” means the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation.

(3) “Product” means any industrial or handicraft item, including, inter alia, parts intended to be assembled into a complex item, packaging, get-up, graphic symbols and typographic typefaces, but excluding computer programmes. “Complex product” means a product which is composed of multiple compo-nents which can be replaced permitting disassembly and reassembly of the product.

(4) A design applied to a component part of a complex product shall only be considered to be new and to have an individual character:

(a) if the component part, once it has been incorporated into the complex product, remains visible during normal use of the latter, and

(b) to the extent that those visible features of the component part fulfil in them-selves the requirements as to novelty and individual character.

Chapter III INDUSTRIAL DESIGNS


(5) “Normal use” within the meaning of paragraph (4)(a) shall mean use by the end user, excluding maintenance, servicing or repair work.

Article34Novelty and individual character

(1) A design shall be considered new if no identical design has been made avail-able to the public before the date of filing of the industrial design application or, if priority is claimed, the date of priority. Designs shall be deemed to be identical if their features differ only in immaterial details.

(2) A design shall be considered to have individual character if the overall im-pression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public before the date of filing of the application or, if priority is claimed, the date of priority.

(3) In assessing individual character, the degree of freedom of the designer in developing the design shall be taken into consideration.

Article35Disclosure of a design

(1) For the purpose of applying Article 34, a design shall be deemed to have been made available to the public if it has been published following registra-tion or otherwise, or exhibited, used in trade or otherwise disclosed, except where these events could not have become known in the normal course of business to the circles specialised in the sector concerned, operating within the European Community, before the date of filing of the application or, if priority is claimed, the date of priority. The design shall not, however, be deemed to have been available to the public for the sole reason that it has been disclosed to a third person under explicit or implicit conditions of confidentiality.

(2) For the purpose of applying Article 34, disclosure shall not be taken into consideration if a design for which protection is sought has been made available to the public in the European Community:

(a) by the designer, his successor in title, or a third person as a result of informa-tion provided or action taken by the designer, or his successor in title, and

(b) during the twelve month period preceding the date of filing of the applica-tion or, if priority is claimed, the date of priority.

(3) Paragraph (2) shall also apply if the design has been made available to the public as a consequence of an abuse in relation to the designer or his succes-sor in title.



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Article36Refusal of an industrial design

(1) A design shall not be registered as an industrial design if:

(a) it is not a design within the meaning of Article 33(2);

(b) it does not fulfil the requirements of Article 33(1) or (4), or Articles 34 or 35, or is in conflict with a design having effect in the Republic of Slovenia on the basis of an application with an earlier date of filing;

(c) it should be refused pursuant to Article 6ter of the Paris Convention for the Protection of Industrial Property of 20 March 1883, last revised on 14 July 1967 (Official Gazette SFRJ-MP Nos. 5/74 and 7/86, Official Gazette RS-MP No. 9/92), hereinafter referred as “the Paris Convention”, on the ground that authorisation by the competent authorities has not been submitted;

(d) it includes or imitates badges, emblems or escutcheons other than those covered by Article 6ter of the Paris Convention and which are of particular public interest, unless the consent of the competent authorities to its registra-tion has been given;

(e) it is contrary to public order or morality.

(2) An industrial design shall not subsist in features of appearance of a product, which are solely dictated by its technical function.

(3) An industrial design shall not subsist in features of appearance of a product which must necessarily be reproduced in their exact form and dimensions in order to permit the product to which the design is applied to be mechanically connected to or placed in, around or against another product so that either product may perform its function.

(4) Notwithstanding paragraph (3), an industrial design shall, under the condi-tions set out in Article 34, subsist in a design serving the purpose of allowing multiple assembly or connection of mutually interchangeable products within a modular system.

Article37Rights conferred by an industrial design

(1) The industrial design shall confer on its owner the exclusive right to use it and to prevent any third party not having his consent from using it. The aforementioned use shall cover, in particular, the making, offering, putting on the market, importing, exporting or using of a product to which the design is applied, or stocking such a product for those purposes.

(2) The scope of protection shall include any design which does not produce on the informed user a different overall impression. In assessing the scope of



protection, the degree of freedom of the designer in developing the design shall be taken into consideration.

(3) The rights referred to in paragraph (1) shall not extend:

(a) to the importation of spare parts and accessories for the purpose of repairing a ship or aircraft temporarily entering the territory of the Republic of Slovenia, and to the execution of repairs on such ship or aircraft, and mutatis mutandis to acts referred to in Article 19, with the exception of subparagraph (c);

(b) to acts of reproduction for the purposes of making citations or of teaching, provided that such acts are compatible with fair trade practice and do not unduly prejudice the normal exploitation of the design, and that mention is made of source.

(4) Any third person may assert the right based on prior use in respect of an industrial design. In this case, provisions of Article 20 shall apply mutatis mutandis.

Article38Exhaustion of rights conferred by an industrial design

(1) The rights conferred by an industrial design shall not extend to acts relating to a product to which the design is applied, when the product has been put on the market in the Republic of Slovenia by the owner of the industrial design or with his consent.

(2) The exhaustion of rights referred to in paragraph (1) may be extended be-yond the territory of the Republic of Slovenia, if this is in conformity with an international treaty which is binding on the Republic of Slovenia.

Article39Other forms of industrial design protection

(1) Provisions of this Act concerning industrial designs shall be without prejudice to provisions of other Acts relating to unregistered industrial designs, marks or other distinctive signs, patents, utility models, typefaces, civil liability or unfair competition.

(2) An industrial design shall be eligible for copyright protection as from the date on which the design was created or fixed in any form if it fulfils the conditions under which such a protection is conferred under the Act regulating copyright and related rights.

Article40Term of an industrial design

(1) The term of an industrial design shall be one or more periods of five years as from the date of filing of the application.



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(2) Subject to corresponding provisions of Article 109, the owner of an industrial design may renew its term for one or more periods of five years each, up to a total term of 25 years from the date of filing of the application.

(3) The term of a multiple industrial design may be renewed, in conformity with paragraph (2), as a whole, or in limited scope for only some products.

SectionIIInternational deposit of industrial designs

Article41Requests under the Hague Agreement

(1) The requests under the Hague Agreement Concerning the International Deposit of Industrial Designs of 28 November 1960, as completed on 14 July 1967 and amended on 28 September 1979 (Official Gazette RS-MP No. 20/94), hereinafter referred to as “the Hague Agreement” shall be filed, in accordance with the Hague Agreement and implementing rules and instructions thereto, with the International Bureau.

(2) In accordance with Article 8 of the Hague Agreement, provisions of this Act, with the exception of the provision of Article 96(2), shall apply mutatis mutandis to requests under the Hague Agreement by which protection of an industrial design is sought in the Republic of Slovenia.

ChapterIVMARKS

SectionIMarks and collective marks

Article42Subject-matter of mark protection

(1) Any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of another undertaking, and capable of being graphically represented, in particular words, including personal names, letters, numerals, figurative elements, three dimensional images, including the shape of goods or of their packaging, combinations of colours as well as any combination of such signs, shall be eligible for registration as marks.

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(2) In deciding whether a sign is eligible for registration as a mark, all circum-stances, in particular the duration of its use, shall be taken into account.

(3) The nature of the goods or services to which a mark is to be applied shall in no case form an obstacle to the registration of the mark.

Article43Absolute grounds for refusal

(1) A sign shall not be eligible for registration as a mark if:

(a) it cannot constitute a mark;

(b) it is devoid of any distinctive character;

(c) it serves, in trade, to designate merely the kind, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or of rendering of the service, or other characteristics of the goods or services;

(d) it contains or consists of a geographical indication identifying wines or spirits, where the mark application relates to wines or spirits not having this origin;

(e) it consists exclusively of signs or indications which have become custom-ary in the current language or in the bona fide and established practices of the trade;

(f) it consists exclusively of the shape which results from the nature of the goods themselves or is necessary to obtain a technical result or gives substantial value to the goods;

(g) it is contrary to public order or morality;

(h) it deceives the public, in particular to the nature, quality or geographical origin of the goods or services;

(i) it contains official signs or hallmarks for controlling or guaranteeing the qual-ity of goods, or imitations thereof;

(j) it has not been authorised by the competent authorities and should be refused pursuant to Article 6ter of the Paris Convention;

(k) it includes or imitates badges, emblems or escutcheons other than those covered by Article 6ter of the Paris Convention and which are of particular public interest, unless the consent of the competent authorities to its registra-tion has been given;

(l) it contains or consists of a designation of origin or a geographical indication registered in accordance with the Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 208/92, p. 1), provided that the


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circumstances referred to in Article 13 of that Regulation exist and the sign does not relate to the same sort of product, and provided that the mark application has been filed after the date of filing of the application for the registration of a designation of origin or a geographical indication with the Commission.

(2) Paragraph 1(b), (c) and (e) shall not apply to marks which acquired a distinc-tive character through long-term use.

(3) A sign which is ineligible for registration because it contains the name or abbreviation of the name, State armorial bearing, emblem, flag or other official sign of the Republic of Slovenia, or a part thereof, which is in breach of the provi-sions of paragraph (1)(j) and (k), shall not be used in the course of trade without the consent of the Government of the Republic of Slovenia.

Article44Relative grounds for refusal

(1) Further, a sign shall not be eligible for registration as a mark if:

(a) it is identical with an earlier mark of another owner, and the goods or services for which the registration is applied for are identical with the goods or services for which the earlier mark is registered;

(b) because of its identity with or similarity to the earlier mark of another owner and the identity or similarity of the goods or services covered by the sign and the mark there exist the likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier mark;

(c) because of its identity with or similarity to an earlier mark of another owner, registered for goods or services which are not identical with or similar to the goods or services for which the registration has been applied for, the use with-out due cause of such sign would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier mark, or if it would indicate a connection between the goods or services and the owner of the earlier mark, and provided that the interests of the owner of the earlier mark are likely to be damaged by such use;

(d) it is identical with or similar to a mark or unregistered sign, which is in the Republic of Slovenia a well-known mark within the meaning of Article 6bis of the Paris Convention or Article 16(3) of the TRIPS Agreement;

(e) the owner of the mark registered in any Member State of the Union estab-lished under the Paris Convention, hereinafter referred to as “the Paris Union”, or the World Trade Organisation, hereinafter referred to as “the WTO”, proves that his agent or representative applied, without the owner’s consent, for the registration of the sign in his own name;

Chapter IV MARKS


(f) its use would contradict an earlier right to a name, personal portrayal, plant variety, geographical indication or other industrial property right, or an earlier copyright, unless the owner of the earlier right gives his express consent to the registration of such sign.

(2) “Earlier mark” within the meaning of paragraph (1) means:

(a) mark which was applied for or registered in the Republic of Slovenia on the basis of a national application before the date of filing of the application for the later mark or, if priority is claimed, the date of priority;

(b) mark for which the protection was sought in the Republic of Slovenia on the basis of an international application before the date of filing of the application for the later mark or, if priority is claimed, the date of priority.

Article45Subject-matter of collective mark protection

(1) Any sign which meets the requirements of Article 42 and is capable of distin-guishing the goods or services of the members of the holder of the collective mark from those of another undertakings as to their origin in a given enterprise or their geographical origin, their nature, quality, or other properties, shall be eligible for registration as a collective mark.

(2) The applicant for or holder of a collective mark may be any association of legal or natural persons, including umbrella associations having legal personality, here-inafter referred to as “the associations”, or legal persons governed by public law.

(3) The members of the holder may use a collective mark in conformity with regulations referred to in Article 46.

(4) The provisions of this Act shall apply to the registration of collective marks, unless otherwise provided by this Act.

Article46Regulations governing use of a collective mark

(1) An applicant for a collective mark must submit, when filing the application, regulations governing use of the collective mark.

(2) Regulations referred to in paragraph (1) shall include at least:

(a) the name and seat of the applicant;

(b) indication of the applicant’s business and information concerning the person whom he officially and by laws represents;

(c) the conditions of membership;

(d) data concerning the group of persons having authority to use the collec-tive mark;


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(e) provisions concerning the rights and obligations of the members in the event of infringement of the collective mark.

(3) The applicant for or holder of a collective mark shall immediately communi-cate to the Office any amendment to the regulations, which shall be examined by the Office as to its compliance with paragraph (2).

(4) Anyone may inspect the regulations governing use of a collective mark.

Article47Rights conferred by a mark

(1) A mark shall confer on the owner exclusive right to use the mark and other exclusive rights under this Act. The owner of a mark shall be entitled to prevent all third parties not having his consent from using in the course of trade:

(a) any sign which is identical with the mark in relation to goods or services which are identical with those for which the mark is registered;

(b) any sign where, because of its identity with or similarity to the mark and the identity or similarity of the goods or services covered by the mark and the sign, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association between the sign and the mark;

(c) any sign which is identical with or similar to the mark in relation to goods or services which are not similar to those for which the mark is registered, where the mark has a reputation in the Republic of Slovenia and where the use without due cause of that sign would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the mark.

(2) The following, inter alia, may be prohibited under paragraph (1):

(a) affixing the sign to the goods or to the packaging thereof;

(b) offering the goods, putting them on the market or stocking them for these purposes under that sign, or offering or supplying services thereunder;

(c) importing or exporting the goods under that sign;

(d) using the sign on business papers and in advertising.

Article48Limitation of rights conferred by a mark

(1) The mark shall not entitle the owner to prohibit a third party from using in the course of trade and in accordance with honest practices in industrial or commercial matters:

(a) his own name or address;

(b) indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering the service, or other characteristics of goods or services;

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(c) the mark where it is necessary to indicate the intended purpose of a product or service, in particular as accessories or spare parts;

(d) any sign which is identical or similar to the mark, where the third party started to use it in good faith before the date of filing of the application or, if priority is claimed, the date of priority.

(2) Where the owner of an earlier mark as referred to in Article 44(2) has not op-posed, in a period of five successive years, the use of the later mark while being aware of such use, he shall no longer be entitled on the basis of the earlier mark to file an action under Article 114 or 119, or prohibit the use of the later mark in respect to the goods or services for which the later mark has been used, unless registration of the later mark was applied for in bad faith.

Article49Limitation of rights conferred by a collective mark

(3) The holder of a collective mark which consists also of an indication of the geographical origin shall enable any person whose goods or services originate in the geographical area concerned and meet the conditions for use set out in the regulations governing use of the collective mark to become a member of the association which is the holder of the mark.

Article50Exhaustion of rights conferred by a mark

(1) A mark shall not entitle the owner to prohibit its use in relation to goods which have been put on the market in the Republic of Slovenia by the owner or with his consent.

(2) Paragraph (1) shall not apply where there exist legitimate reasons for the owner to oppose further commercialisation of the goods, especially where the condition of the goods is changed or impaired after they have been put on the market.

(3) The exhaustion of rights referred to in paragraph (1) may be extended be-yond the territory of the Republic of Slovenia, if this is in conformity with an international treaty which is binding on the Republic of Slovenia.

Article51Reproduction of marks in dictionaries

If the reproduction of a mark in a dictionary, encyclopaedia or similar reference work gives the impression that it constitutes the generic name of the goods or services for which the sign is registered, the publisher of the work shall, at the request of the owner of the mark, ensure that the reproduction of the mark at the latest in the next edition of the publication is accompanied by an indica-tion that it is a mark.


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Article52Term of a mark

(1) The term of a mark shall be ten years computed from the date of filing of the application.

(2) Subject to corresponding provisions of Article 109, the owner of a mark may renew its term an unlimited number of times, each time for ten years, computed from the date of filing of the application.

(3) The term of a mark may be renewed, in accordance with paragraph (2), as a whole, or in limited scope for only some goods or services.

SectionIIInternational registrations of marks

Article53Filing of requests with the Office

(1) The Office shall accept requests under the Madrid Agreement Concerning the International Registrations of Marks of 14 April 1891 as last revised on 14 July 1967 (Official Gazette SFRJ-MP No. 2/74, Official Gazette RS-MP No. 9/92), hereinafter referred to as “the Madrid Agreement” and the Protocol Relating to the Madrid Agreement Concerning the International Registrations of Marks of 27 June 1997 (Official Gazette RS-MP No. 21/97), hereinafter referred to as “the Madrid Protocol”.

(2) Upon filing the request, or within three months after the receipt of the Office’s invitation, the fee shall be paid. If the fee is not paid in due time, the request shall be deemed to be withdrawn.

(3) The request for international registration of a mark shall be accompanied by a list of goods or services in the language prescribed by the Madrid Agreement or the Madrid Protocol, and implementing rules and instructions thereto.

(4) If the request is not drawn up in conformity with the Madrid Agreement or the Madrid Protocol, implementing rules and instructions thereto, this Act and executive regulations thereto, the Office shall invite the person filing the request to amend the request within three months from the receipt of the invitation. If the request is not amended in due time, it shall be deemed to be withdrawn.

(5) An executive regulation issued by the Minister competent for the field of industrial property shall define, in greater detail, the contents of the request referred to in paragraph (1) and procedures relating thereto.

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Article54Examination of international marks

(1) In accordance with Article 5 of the Madrid Agreement or Article 5 of the Madrid Protocol, the provisions of this Act, other than those of Article 103, shall apply mutatis mutandis to requests under the Madrid Agreement and the Ma-drid Protocol, by which the protection of a mark is sought in the Republic of Slovenia.

(2) The publication of data concerning the international registration of a mark in the Gazette of the International Bureau shall be construed as the publication of the mark application in the Republic of Slovenia.

(3) Where the owner of the mark for which protection is sought in the Republic of Slovenia under the Madrid Agreement or the Madrid Protocol does not com-ment on the intended refusal of the protection of the mark, of which he has been notified in conformity with Article 5 of the Madrid Agreement or Article 5 of the Madrid Protocol, the Office shall, notwithstanding Article 129(5), mail the decision through a postal service directly to the owner of the mark.

ChapterVGEOGRAPHICAL INDICATIONS

Article55Subject-matter of protection of registered geographical indications

(1) Geographical indications eligible for registration are indications which iden-tify a good as originating in a territory, or a region or a locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.

(2) The name of a good, which has become generally known through long-term use in the course of trade as the name indicating that the good originates in a specific place or region, is also eligible for registration as a geographical indication.

(3) Geographical indications relating to a good of special historic or cultural importance may be protected by a decree issued by the Government of the Republic of Slovenia.

(4) Geographical indications for agricultural products and foodstaffs as well as for wines and other products obtained from grapes or wine shall not be eligible for registration under this Act.


Chapter V GEOGRAPHICAL INDICATIONS

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Article56Grounds for refusal

A geographical indication shall not be eligible for registration if:

(a) it indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good;

(b) although literally true as to the territory, region or locality in which the good originates, it falsely represents to the public that the good originates in another territory;

(c) it has become generally known through long-term use in the course of trade as a designation for a specific kind of goods;

(d) in the light of a mark’s reputation and renown and the length of time it has been used, registration is liable to mislead the consumer as to the true identity of the product.

Article57Protection against general use

Registered geographical indications may not become generic or common names which would be freely used in the course of trade.

Article58Rights conferred by a registered geographical indication

(1) A registered geographical indication is a collective right and may be used as such in the course of trade only by those who, in accordance with the specifica-tion referred to in Article 104(2), produce or market the goods protected by the geographical indication.

(2) The use of a registered geographical indication by unauthorised persons shall be prohibited.

(3) The use of a registered geographical indication shall be prohibited where the goods do not originate in the place indicated by the geographical indication, even if the true origin of the goods is indicated, and where the geographical indication is used in translation or accompanied by expressions such as “kind”, “type”, “style”, “imitation” or the like.

Article59Limitation of rights conferred by a registered geographical indication

(1) A mark shall not be cancelled nor its use prohibited where a mark which is iden-tical with or similar to a registered geographical indication has been applied for or registered in good faith, or where rights to a mark have been acquired through use in good faith before the geographical indication has been registered.

Chapter V GEOGRAPHICAL INDICATIONS


(2) A registered geographical indication shall not exclude the right of any person to use, in the course of trade, that person’s name or the name of that person’s predecessor in business, except where such name is used in such a manner as to mislead the public.

Article60Term of a registered geographical indication

The term of a registered geographical indication shall be unlimited.

ChapterVIGENERAL PROVISIONS CONCERNING

PROCEDURES BEFORE THE OFFICE

Article61International right of priority

(1) Any person who has duly filed an application for a patent, industrial design or mark in any Member State of the Paris Union or WTO shall enjoy, for the purpose of filing the application in the Republic of Slovenia, a right of priority, for patents during a period of twelve months, and for industrial designs and marks during a period of six months following the date of filing of the first application.

(2) A person claiming the right of priority referred to in paragraph (1) shall in-dicate, when filing the application in the Republic of Slovenia, the date of the claimed priority. Within three months after the filing of the application, the number and State or Office of the first application shall be communicated to the Office. If the applicant fails to comply with the provision of this paragraph, the priority shall be deemed not to have been claimed.

(3) Upon the request of the Office or, in case of dispute, upon the request of the court, the person requesting the right of priority shall submit a copy of the first application, certified by the competent authority in the Member State of the Paris Union or WTO, in which such application was filed. A copy of the first application may not be required before the expiration of sixteen months from the filing of the first application.

(4) Where the copy of the first application referred to in paragraph (3) is not the Slovene language and the validity of the priority claim is relevant to the determination of whether the invention concerned is patentable, the Office or, in case of dispute, the court may require that a translation of the first application in the Slovene language be filed by the person requesting priority within three months from the receipt of the invitation.


Chapter VI GENERAL PROVISIONS CONCERNING PROCEDURES BEFORE THE OFFICE

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(5) Multiple priorities may be claimed in respect of several previous applications filed in one or several countries.

(6) The applicant may claim the right of priority for a patent application on the basis of a utility model application.

(7) Upon request and against payment of the fee prescribed by the Act regulat-ing administrative fees, the Office shall issue a priority certificate. An executive regulation issued by the Minister competent for the field of industrial property shall define, in greater detail, the contents of the priority certificate and proceed-ings relating to the issuance thereof.

Article62Temporary protection at certain international exhibitions

(1) A person who displays an invention, appearance of the whole or a part of a product, or who uses a specific sign for marking goods or services, at an official or officially recognised international exhibition, falling within the terms of the Convention on International Exhibitions, signed on 22 November 1928 and last revised on 30 November 1972, in the Republic of Slovenia or other Member State of the Paris Union or WTO, may claim in his application, within three months after the closing of the exhibition, the right of priority as of the first day of the display of the invention or appearance of the whole or a part of the product, or of the use of the sign.

(2) A person claiming the right of priority referred to in paragraph (1) shall indicate, when filing the application in the Republic of Slovenia, the type of exhibition, the place at which it was held, the opening and closing dates and the first day of exhibition or use, and submit a written certificate issued by a competent authority in the Member State of the Paris Union or WTO, attesting to the official or officially recognised international nature of the exhibition. If the applicant fails to comply with the provision of this paragraph, the priority shall be deemed not to have been claimed.

(3) The claiming of priority under paragraph (1) shall not extend the time limits of the international right of priority referred to in Article 61(1).

Article63Correction or addition of a priority claim

(1) The applicant may request a correction or addition of a priority claim with respect to a patent application within sixteen months from the date of prior-ity or, where the correction or addition would cause a change in the date of priority, sixteen months from the date of priority as so changed, provided that such a request is filed within four months from the date of filing of the application.



(2) When filing the request, the applicant shall pay a fee. If the fee is not paid, the request shall be deemed to be withdrawn.

(3) Any request referred to in paragraph (1) received after the applicant has requested the publication under Article 89(2) shall be deemed not to have been filed, unless the request under Article 89(2) is withdrawn before the technical preparations for publication of the application have been completed.

(4) Where the correction or addition of a priority claim causes a change in the date of priority, the time limits shall be computed from the date of priority as so changed.

Article64Restoration of the right of priority

(1) Where a patent application which could have claimed the priority of an earlier application has a filing date which is later than the date on which the priority period expired, but within two months from that date, the applicant may request the restoration of the right of priority, if he failed to file the application within the time limit referred to in Article 61(1) in spite of all due care required by the circumstances having been taken.

(2) The request for restoration of the right of priority shall be filed within two months from the date on which the priority period expired and before techni-cal preparations for publication of the application have been completed. Upon filing the request, the fee shall be paid. If the fee is not paid, the request shall be deemed to be withdrawn.

Article65Prohibition to extend the scope of an application

(1) As from the date of filing, the subject-matter of a patent application may not be extended beyond the subject-matter of the application as initially filed.

(2) As from the date of filing, in the case of an industrial design application, the appearance of the whole or a part of a product shall not be substantially modified, or the number of products increased.

(3) As from the date of filing, in the case of a mark application, the sign shall not be substantially modified, or the original number of goods or services in-creased.

Article66Extension of time limits

(1) The applicant for or owner of a right may request, prior to the expiration of a time limit, its extension for up to three months.



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(2) The time limits for filing an action as well as those referred to in paragraph (1) and in Articles 13(1), 27(2), 35(2), 61(1), 62(1), 63(1), 64(2), 67(2), 68(2), 80(3), 86(3), 91(1), 92(3), 94(2) and (3), 101(1) and (5), 109, 110, 117(1), 130(2) and 137(2) shall not be extended.

Article67Further processing after the non-observance of a time limit

(1) The applicant, who has failed to comply with a time limit set out for the fulfilment of the obligations required in the proceedings for the acquisition of a right, may request that the non-observed time limit be deemed to have been complied with, that legal consequences of such non-observance be abolished, and that the Office continues the proceedings for the acquisition of the right.

(2) The request for further processing shall be filed, the omitted act must be com-pleted, and the fee shall be paid within two months from the date on which the applicant was informed of the failure to comply with the time limit and the legal consequences of such non-observance. If the omitted act is not completed or if the fee is not paid in due time, the request shall be deemed to be withdrawn.

(3) The grant of further processing may not be requested for the non-observ-ance of the time limit referred to in paragraph (2) and the time limit for filing an opposition or action, or if a request for the grant of restitutio in integrum or for correction or addition of a priority claim or for restoration of the right of priority has been filed.

(4) If the Office grants a request for further processing, Article 68(6) or (7) shall apply mutatis mutandis.

Article68Restitutio in integrum

(1) A party to the proceedings before the Office who, in spite of all due care required by the circumstances having been taken, was unable to observe any time limit set out for the obligations required by the Office in accordance with this Act and the executive regulations issued pursuant to this Act, may request, on the basis of justifiable reasons, to have his rights re-established if the non-observance had the consequence of causing the deeming of the application, or of any request, to have been withdrawn, or the rejection or refusal, or the loss of the right.

(2) The request for the grant of restitutio in integrum shall be filed within three months from the removal of the cause of non-compliance with the time limit, or, if the party only learned subsequently about that non-compliance, from the day when the party learned. Upon filing the request, the omitted act shall be completed and a fee shall be paid. Failure to observe this condition shall lead to the request being deemed to be withdrawn.



(3) The request for the grant of restitutio in integrum may not be refused, wholly or in part, without previously notifying the requesting party in writing of the reasons for the intended refusal, in whole or in part, and without inviting him to react, within three months from the receipt of the invitation, to the reasons.

(4) The request for the grant of restitutio in integrum shall only be admissible within one year following the expiry of the unobserved time limit.

(5) The grant of restitutio in integrum shall not be requested for the non-observ-ance of the time limit prescribed for the filing of the opposition or action, or the copy of the first application, the request for the grant of restitutio in integrum, the request for the grant of further processing, the request for the right of prior-ity, the request for a correction or addition of priority claim, or the request for restoration of the right of priority.

(6) Any person who in good faith has used or made effective and serious prepa-rations for using an invention or an industrial design which is the subject of a published application in the course of the period between the loss of the right referred to in paragraph (1) and publication of the mention of re-establishment of that right, may, without payment, continue such use in the course of his busi-ness or for the needs thereof.

(7) Where the applicant for or owner of a mark has his right re-established, he may not invoke his rights to any person who, in good faith, has put goods on the market or supplied services under a sign which is identical with or similar to the mark in the course of the period between the loss of the right referred to in paragraph (1) and publication of the mention of re-establishment of that right.

Article69Withdrawal of a request

(1) A party to the proceedings before the Office may, at any time in the course of a proceeding, withdraw any request he might have filed.

(2) The request is deemed to be withdrawn as of the date when the Office receives the request for its withdrawal.

(3) On the basis of the request for the withdrawal of a request, the Office shall issue an order on the termination of the proceeding.

(4) If the applicant withdraws a request for the grant of a patent after technical preparations for publication of the application have been completed, and the application has been published, the publication of the application shall not be deemed to form part of the state of the art under Article 12.



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Article70Notification of the applicant before refusal of a right

(1) The Office may not issue a decision on refusal, in whole or in part, of a re-quest for the grant or registration of a right without previously informing the applicant in writing of the reasons and without inviting him to react, within three months from the receipt of the invitation, to the reasons or amend the submitted request.

(2) If the applicant reacts in due time to the reasons for refusal of his request, or amends the request, the Office shall, before issuing the decision, verify whether the reasons for the refusal, in whole or in part, still exist.

Article71Administrative litigation

There shall be no appeal against a decision or order issued by the Office; how-ever, an action in the administrative litigation proceedings may be filed with the Administrative Court of the Republic of Slovenia in Ljubljana. The court shall decide on the case at its seat in Ljubljana.

Article72Proceedings relating to actions

(1) The court shall immediately notify the Office of the receipt of an action under this Act and of the final decision. The court shall submit its judgement, together with the confirmation that it is legally binding, to the Office for execution.

(2) The Office shall issue a decision through which the court decision is ex-ecuted.

(3) Proceedings relating to actions under this Act shall be expeditious. The court shall accord priority to decisions relating to actions under this Act.

(3) Paragraphs (1) and (2) shall not apply to litigations concerning infringements of rights.

Article73Inventor, designer

(1) In the procedure for the grant of a patent, the inventor mentioned as such in the application shall be deemed to be the inventor, except when the court decides otherwise.

(2) Paragraph (1) shall apply mutatis mutandis to designers.

(3) The Office shall not verify the accuracy of the data on the inventor or de-signer.



Article74Owner of a right

(1) Patents shall be granted and industrial designs or marks registered in the name of the person who is designated as the applicant at the time of the grant or registration.

(2) Where several persons are designated as joint applicants, paragraph (1) shall apply mutatis mutandis. Mutual relations between the persons designated as joint applicants shall not be determined by the Office.

Article75Transfer and licensing of rights

(1) The owner of a patent, industrial design or mark may assign by contract, in part or in whole, his right and conclude licence agreements.

(2) Paragraph (1) shall apply mutatis mutandis to the applicant.

(3) Neither a collective mark nor a geographical indication may be transferred or be subject of a licence agreement.

Article76Date of the acquisition of a right

(1) Subject to paragraph (2), the rights under Articles 18, 37, 47 and 58 shall be acquired as of the date of their entry in the corresponding register.

(2) Subject to Article 122, the right under Article 18(1) may not be not enforceable by an action under Article 121 for infringement of a patent before the date of issuance of a declaratory decision under Article 93(1)(a) or (b), or before the date of the entry of a European patent already granted in the Office’s register.

Article77Lapse of rights

Notwithstanding the terms laid down in Articles 22, 23, 40 and 52, the granted or registered rights shall lapse:

(a) in case that the owner renounces his right, on the day following the date on which the request for renunciation is received by the Office;

(b) if prescribed fees are not paid in conformity with the provisions of this Act;

(c) pursuant to a final decision of the court or a decision of the Office in those cases provided by this Act, on the date specified in such decision.



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Article78Correction of errors

(1) The Office may at any time, ex officio or upon request, correct errors in names, dates and numbers, and other obvious errors in its acts, publications and registers.

(2) Corrections of errors shall be published in the Official Journal.

ChapterVIIPROCEDURE FOR THE ACQUISITION OF RIGHTS

SectionIFiling of applications and examination

as to formal requirements

Article79Requirements of an application

(1) The application shall contain a statement to the effect that the acquisition of a right is requested, and:

(a) for patents, all items listed in Article 86(1);

(b) for industrial designs, all items listed in Article 94(1);

(c) for marks, all items listed in Article 97(1) and, for collective marks, also the regulations referred to in Article 46.

(2) The application shall also contain:

(a) a power of attorney, if the application has been filed by a representative;

(b) the translation in the Slovene language of the application which has been filed in a foreign language in accordance with Article 81(2);

(c) receipt for payment of the full amount of the filing fee.

(3) Executive regulations issued by the Minister competent for the field of in-dustrial property shall define, in greater detail, the contents of the application, and proceedings relating to the grant of patents and registration of industrial designs and marks.

Chapter VII PROCEDURE FOR THE ACQUISITION OF RIGHTS


Article80Form of the application and the means of filing

(1) The application for the acquisition of a right shall comply as to its contents and form with provisions of this Act and the regulations issued pursuant to this Act. It shall be legible and transmitted in a manner which enables a clear and proper reproduction of its contents.

(2) The application shall be filed in writing, either directly or by post, by facsimile machine or by other electronic means of communication. An executive regula-tion issued by the Minister competent for the field of industrial property shall define, in greater detail, the manner of filing applications by other electronic means.

(3) Where an application, which has been transmitted by facsimile machine or by other electronic means, is not legible or can not be clearly and properly reproduced, the Office shall invite the applicant to submit, within three months following the receipt of the invitation, a copy of that application in writing. If the requested copy is not transmitted in due time, the application shall be deemed to be withdrawn.

(4) When filing the application, or no later than three months after the date of receipt of the invitation, the filing fee shall be paid. If the fee is not paid in full in due time, the application shall be deemed to be withdrawn.

Article81Language of applications

(1) Applications shall be filed in the Slovene language, unless otherwise pro-vided by this Act or an international treaty which is binding on the Republic of Slovenia.

(2) Applications may be filed in a foreign language, provided that it includes at least the indication of the right requested, and the indication allowing the applicant to be contacted by the Office, in the Slovene language or in one of the official languages of the EPC, the Madrid Agreement, the Madrid Protocol or the Hague Agreement.

(3) If an application is filed in a foreign language, the applicant shall submit to the Office the translation thereof in the Slovene language within three months following receipt of the invitation. If the Office does not receive the translation in due time, the application shall be deemed to be withdrawn.

(4) The Office shall conduct the proceedings on the basis of the application in the Slovene language.



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Article82Date of filing

(1) Subject to Article 81(2), the Office shall accord the date of filing and number to any application containing at least:

(a) a statement to the effect that the acquisition of a right is requested;

(b) indications allowing the identity of the applicant to be established or allow-ing the applicant to be contacted by the Office;

(c) essential items of an application for the requested right referred to para-graph (2).

(2) Essential items referred to in paragraph (1)(c) are the following:

(a) for patents, a part of the application which on the face of it appears to be a description;

(b) for industrial designs, a photograph or graphical representation of the ap-pearance of the whole or a part of the product or, with two-dimensional prod-ucts, where deferment of publication under Article 94(2) has been requested, a specimen of that product or its part;

(c) for marks, a representation of the sign and a list of the goods or services for which the protection is sought and, for collective marks, also the regulations referred to in Article 46.

(3) Subject to Article 83, the date of filing of an application shall be the date on which the Office has received all items referred to in paragraph (1), unless otherwise provided by this Act or by an international treaty which is binding on the Republic of Slovenia. The Office shall issue a receipt to the applicant to the effect that it received the application, indicating the date of filing and number of the application.

(4) If the application does not contain all items referred to in paragraph (1) and can not be accorded the date of filing and number, the Office shall, as soon as it receives the indication allowing it to make contact with the applicant, notify the applicant accordingly and invite him to amend the application within three months from the receipt of the invitation, to fulfil at least the conditions laid down in paragraph (1).

(5) If the application referred to in paragraph (4) is amended in due time so as to contain all items referred to in paragraph (1), the Office shall accord to the application the date of filing and number. The date of filing of such application shall be the date when the Office received all of the items referred to in para-graph (1), and shall issue a receipt to that effect to the applicant.



(6) If the application referred to in paragraph (4) is not amended in due time, or is not amended as requested, it shall be deemed to be withdrawn, and the Office shall notify the applicant accordingly.

Article83Particularities concerning the filing date

(1) Where, in establishing the filing date, it appears that a part of the description is missing from the application, or that the application refers to a drawing which appears to be missing from the application, the Office shall promptly notify the applicant accordingly and invite him to amend the application within three months from the receipt of the invitation.

(2) Where a missing part of the description or a missing drawing is filed with the Office within the time limit prescribed in paragraph (1), that part of the descrip-tion or that drawing shall be included in the application, and the date of filing shall be the date on which the Office has received that part of the description or that drawing, or the date on which it has received all of the items referred to in Article 82(1), whichever is later.

(3) Where the applicant claims the priority under Article 61 in respect of an ap-plication from which a part of the description or a drawing appears to be miss-ing, the missing part of the description or missing drawing shall be completely contained in the earlier application.

(4) Where the applicant claims the priority under Article 61, the essential items of the application referred to in Article 82(2)(a) shall be deemed to have been filed, for the purposes of the date of filing, if the applicant, when filing the ap-plication in the Republic of Slovenia, indicates the date, number and State or Office of the previous application. In such case, the applicant shall submit the copy of the previous application referred to in Article 61(3) within three months from the receipt of the invitation, unless the previous application was filed with the Office, or is available to the Office from a digital library which is accepted by the Office for that purpose. If the applicant fails to submit the copy, the right of priority shall be deemed not to have been requested.

Article84Invitation to submit all items

(1) Where an application to which the date of filing and number were accorded does not contain all items referred to in Article 79, the Office shall invite the ap-plicant to amend the application within three months from the receipt of the invitation, and to remedy deficiencies.

(2) If the application referred to in paragraph (1) is not amended in due time, or is not amended as requested, it shall be deemed to be withdrawn, except in cases referred to in Articles 128(4) and 129(5).



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Article85Examination of an application as to formal requirements

(1) When an application contains all items referred to in Article 79, the Office shall examine whether the items of the application or supplements or evidence, if any, are, as to their contents and form, drawn up as prescribed by this Act and the regulations issued pursuant to this Act.

(2) In the case of a patent application, the Office shall also examine whether the invention meets the requirements of Article 87(2) and (4), and whether all fees have been paid, including any renewal fees under Articles 109(4) or 110(4).

(3) If, in the case of a mark application, the Office establishes that the list of goods and services contains a good or service which is not classified according to the international classification established by the Nice Agreement Concern-ing the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised on 14 July 1967 (Official Gazette SFRJ-MP No. 51/74, Official Gazette RS-MP No. 9/92), hereinafter referred as “the Nice Classification”, or is classified in the wrong class, the Office may, in the case of minor irregularities, on its own motion, classify the good or service according to the Nice Classification, or correct the classification, and inform the applicant accordingly. Where the Office groups or corrects more than five classifications of goods or services according to the Nice Classification, it shall invite the applicant to pay, within one month from the receipt of the invitation, the fee for classification. If the applicant fails to pay the fee in due time, the application for the goods or services which the Office classified according to the Nice Classification or corrected the classification thereof, shall be deemed to be withdrawn.

(4) If, in the case of a mark application, the Office establishes that a good or service in the list of goods and services is indicated by a term that is too vague for the purposes of a correct classification according to the Nice Classification, or if the Office does not act according to paragraph (3), it shall invite the applicant to remedy irregularity within three months from the receipt of the invitation. If the applicant fails to remedy the irregularity in due time, the application for the goods or services which were not clearly indicated or correctly classified according to the Nice Classification shall be deemed to be withdrawn.

(5) If any deficiencies are noted in the application or in supplements or evidence, the Office shall invite the applicant to remedy deficiencies within three months from the receipt of the invitation.

(6) If the applicant does not remedy all deficiencies in due time, the application shall be deemed to be withdrawn, except in the cases referred to in paragraphs (3) and (4), and in Articles 128(4) and 129(5).



(7) If the Office establishes that all the items of the application or supplements or evidence, if any, comply, as to their contents and form, with the provisions of this Act and the regulations issued pursuant to this Act, the proceedings shall continue:

(a) for patent applications, under Article 88 and subsequent articles;

(b) for industrial design applications, under Article 96;

(c) for mark applications, under Article 99 and subsequent articles.

SectionIISpecial provisions for patents

Article86Requirements of a patent application

(1) A patent application shall contain:

(a) a request for the grant of a patent;

(b) a description of the invention;

(c) one or more claims;

(d) a short summary of the subject-matter of the invention, hereinafter referred to as “the abstract”;

(e) if necessary, one or more drawings of the invention.

(2) Not later than up to the issue of an order on the publication of the applica-tion, the applicant may file a divisional application in respect of subject-mat-ter which does not extend beyond the content of the earlier application. The divisional application shall be deemed to have been filed on the date of filing of the earlier application and shall have the benefit of the same right to priority as the earlier application.

(3) Short-term patents shall be requested when filing the patent application or within twelve months from the date of filing. After the expiry of this time limit, the request shall be irrevocable.

Article87Substance of requirements of a patent application

(1) The request for the grant of a patent shall contain data on the applicant (surname, forename and address, or firm and seat), the title of the invention defining its subject-matter, and other data relating to the application which are prescribed by an executive regulation.



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(2) The description of the invention shall include the presentation of the prob-lem, information on the state of the art or of other solutions available by that time and their deficiencies which have been known to the applicant, together with a description of the new solution to the problem. The invention shall be described in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art to which the subject-matter of the invention relates.

(3) If an invention relates to biological material defined by an executive regula-tion, which is not available to the public and can not be described in a manner to be carried out by a person skilled in the art to which the subject-matter of the invention relates, the description of the invention shall be supplemented by a certificate of the deposit of biological material with an international depository authority under Article 7 of the Budapest Treaty on the International Recogni-tion of the Deposit of Micro-organisms for the Purposes of Patent Procedure of 28 April 1997, and amended on 26 September 1980 (Official Gazette RS-MP No. 21/97).

(4) The claims shall define the subject-matter for which protection is sought. They shall be clear and concise and be supported by the description.

(5) The abstract shall merely serve for use as technical information; it may not be taken into account for any other purpose, in particular not for the purpose of interpreting the scope of the protection sought.

(6) A patent application may relate to several inventions, provided that they are so linked as to form a single inventive concept.

Article88Examination of requirements for the grant of a patent

(1) In the examination preceding the grant of a patent, the Office shall exam-ine:

(a) whether, subject to Article 11, the subject-matter of the claimed invention is patentable;

(b) whether the claimed invention meets, at first sight, the requirements of Articles 12, 14 and 15.

(2) In the examination preceding the grant of a short-term patent, the Office shall examine:

(a) whether, subject to Article 11(1) and (2)(a), the subject-matter of the invention to which the application relates may be protected by a short-term patent;

(b) whether the claimed invention meets, at first sight, the requirements of Articles 12, 15 and 16.



(3) If the Office establishes that the claims of the patent application meet all the requirements of paragraph (1), or that the claims of the short-term patent application meet all the requirements of paragraph (2), it shall decide to publish the application in the Official Journal.

(4) If the Office establishes that the claims of the patent application do not meet all the requirements of paragraph (1), or that the claims of the short-term patent application do not meet all the requirements of paragraph (2), it shall refuse the application.

(5) If the Office establishes that the claims of the patent application do not meet the requirements of paragraphs (1) and (2) only in part, it shall refuse the application only in that part.

Article89Publication of a patent application

(1) The Office shall publish a patent application after the expiry of a period of eighteen months from the date of the filing or, if priority has been claimed, the date of priority.

(2) The applicant may request that the application be published before the expiry of the period referred to in paragraph (1), but no earlier than after the expiry of three months from the date of the filing or, if priority has been claimed, the date of priority.

(3) The Office shall publish a patent application together with the mention of the grant of the patent.

Article90Grant of a patent

(1) The Office shall issue a decision on the grant of a patent and enter the patent in the register of patents. The date of the publication of a patent application shall be deemed to be the date of the grant of a patent.

(2) Until the issuance of a decision under Article 93, the scope of protection shall be determined by the contents of claims as published.

Article91Time limit for submission of a written evidence

(1) Owners of patents or exclusive rights from patents shall submit to the Office no later than the expiry of the ninth year of the patent term written evidence that the patented invention satisfies all the requirements of Articles 10, 12, 14 and 15.



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(2) Owners of patents or exclusive rights from patents shall pay, when submit-ting the evidence under paragraph (1) or within three months from the receipt of the invitation, a fee for the declaratory decision. If the fee is not paid in due time, the evidence shall be deemed not to have been submitted.

(3) If the owner of a patent or exclusive right from a patent fails to act in accord-ance with paragraph (1), the patent shall lapse on the date of the expiry of the tenth year of the patent term.

(4) If the owner of a patent submits the evidence referred to in paragraph (1) with respect to an action under Article 121, the Office shall issue one of the decisions referred to in Article 93 using an expeditious procedure.

(5) The provisions of this Article shall not apply to short-term patents.

(6) In the case of a European patent, which is valid in the Republic of Slovenia on the basis of a European patent application filed in accordance with Article 3(2), the provisions of this Article and of Articles 92 and 93 are directly fulfilled as of the date on which the EPO publishes the mention of its granting.

Article92Forms of written evidence

(1) A Slovene translation of a European patent, or several European patents, granted for the same invention by the EPO shall be considered evidence as referred to in Article 91.

(2) If no application for a European patent has been filed for the same invention, the Slovene translation of a patent for the same invention, granted, following substantive examination, by another authority which, under Article 32 of the PCT, enjoys the status of International Preliminary Examining Authority, or by any other patent office with which a relevant treaty has been concluded, may be submitted as evidence under Article 91.

(3) If the granting proceedings, which constitute the evidence under paragraph (1) or (2), have not yet been finished, the applicant shall inform the Office accord-ingly in the time limit prescribed in Article 91(1). On the basis of that information, the Office shall interrupt the proceedings. The proceedings shall continue if the applicant submits evidence under this Article within three months after the grant of the patent. If the evidence under this Article is not submitted in due time, the patent shall lapse on the date of the expiry of the tenth year of the patent term.

(4) A Slovene translation of a patent which constitutes the evidence referred to in Article 91 shall not confer protection which is broader than that conferred by it in the original text.



(5) Where the Office doubts the correctness of the translation, it may request that the owner of a patent or exclusive right from a patent submits, within three months from the receipt of the invitation, a certified text of the Slovene translation which constitutes the evidence from Article 91. If the certified text of the Slovene translation is not filed in due time, the evidence is deemed not to have been submitted.

(6) When the evidence is submitted pursuant to paragraph (2), the owner of a patent or exclusive right from the patent shall submit a list and copies of all other patents which could be considered as evidence, including data on pat-ent applications and patents which have been refused. If the list and copies of the patents do not supplement the evidence, the evidence is deemed not to have been submitted.

(7) If the Office establishes that the evidence under this Article is forged or is not true, it declares the patent to be void.

(8) When the owner of a patent or exclusive right from a patent does not have an evidence referred to in paragraph (1) or (2), he may request, against payment of a fee, that the Office obtains relevant data or opinions to be used as the basis for the issuing of one of the decisions under Article 93 from any of the authorities or offices listed in paragraph (2).

Article93Issuing declaratory decisions

(1) On the basis of the submitted evidence and other documents under Article 92, the Office shall issue:

(a) a declaratory decision stating that the invention meets the requirements of Articles 10, 12, 14 and 15, and that the claims of a patent granted entirely meet those requirements; or

(b) a declaratory decision stating that the invention meets the requirements of Articles 10, 12, 14 and 15 only in part, and thereby correspondingly amending the claims of a patent granted; or

(c) a declaratory decision stating that the invention failed to meet the require-ments of Articles 10, 12, 14 and 15 on the date of the filing of the application, and thereby declaring the patent to be void.

(2) A decision under paragraph (1)(b) or (c) may not be issued by the Office if it has not previously notified the owner of a patent of the intended amendments of claims or the nullity of a patent, and if the owner of a patent has not been invited to comment, within three months from the receipt of the invitation, on the decision, or amend the claims. If the owner of a patent comments on



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the decision, or amends the claims in due time, the Office shall, before issuing the decision under paragraph (1)(b) or (c), verify if the reasons for the issuance thereof still exist. If the owner of a patent fails to comment on the decision in due time, it shall be deemed that he shares the opinion of the Office.

(3) Patent claims which are amended pursuant a decision under paragraph (1)(b) shall not confer protection which is broader than that conferred by claims of a patent granted by a decision under Article 90.

(4) Where the Office establishes, on the basis of the submitted evidence under Article 92, that the patent granted does not meet the requirement of Article 87(6), it shall divide the patent into several patents preserving the date of filing of the initial application and, if priority is claimed, the date of priority.

SectionIIISpecial provisions for industrial designs

Article94Requirements of an industrial design application

(1) An application for an industrial design shall contain:

(a) a request for the registration of an industrial design;

(b) a photograph or graphical representation of the appearance of the whole or a part of the product, or of the products in case of a multiple application, in the number of copies prescribed by an executive regulation.

(2) The applicant may request, when filing the application, that the essential data of the application shall not be published before the expiry of twelve months from the date of filing of the application or, if a priority is claimed, the date of priority. The multiple application can not contain a request for deferment of publication for only some products.

(3) Where the industrial design is two-dimensional, including a textile design or hologram, and a request for deferment of publication is made in accordance with paragraph (2), the application may, instead of containing a photograph or graphical representation of the appearance of the whole or a part of the product, be accompanied by a specimen of that product or the part thereof. The photograph or graphical representation of the product, in the number of copies prescribed by an executive regulation, shall be submitted no later than two months before the expiry of the time limit for requested deferment of publication under paragraph (2). In the opposite case, the application shall be deemed to be withdrawn.



Article95Substance of requirements of an industrial design application

(1) The request for the registration of an industrial design shall contain data concerning the applicant (surname, forename and address, or firm and seat), an indication of the product to which the subject-matter of the application relates, a suggestion for the classification according to the international classification established by Locarno Agreement on International Classification for Industrial Designs of 8 October 1968 (Official Gazette SFRJ-MP, No. 51/74, Official Gazette RS-MP, No. 9/92), hereinafter referred as “the Locarno Classification”, and other data relating to the application which are prescribed by an executive regulation.

(2) An industrial design application may cover several products, provided that they belong to a single class of the Locarno Classification.

(3) The photograph or graphical representation of the appearance of the whole or a part of the product shall clearly show the novelty and the individual char-acter of the appearance of the product for which protection is sought.

Article96Examination of requirements for the registration of industrial designs

(1) The Office shall examine whether the design to which the application relates may be protected by an industrial design, subject to provisions of Article 36, but excluding item (b).

(2) Where the Office establishes that the design to which the application relates meets the requirements of paragraph (1), it shall issue a decision on the regis-tration of the industrial design, enter the industrial design in the register and publish the mention of the registration.

(3) Where the Office establishes that the design to which the application relates does not meet the requirements of paragraph (1), it shall refuse the application wholly or in part.

SectionIVSpecial provisions for marks

Article97Requirements of a mark application

(1) A mark application shall contain:

(a) a request for the registration of a mark;

(b) a list of the goods or services for which the protection is sought;

(c) a representation of the sign, in the number of copies prescribed by an ex-ecutive regulation.



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(2) A collective mark application shall contain, besides items listed in paragraph (1), also the regulations referred to in Article 46.

(3) A separate application shall be filed for each sign, however, the registration of the same mark may be requested, in the same application, for several kinds of goods or services. The applicant may also request, on the basis of several applications, the registration of several different or similar marks for the same kind of goods or services.

(4) Any application listing goods or services belonging to two or more classes of the Nice Classification may, during the registration procedure, including administrative litigation, be divided, upon the request of the applicant, into several applications. Each application shall preserve the date of filing of the initial application and, if priority is claimed, the date of priority.

Article98Substance of requirements of a mark application

(1) The request for the registration of a mark shall contain data concerning the applicant (surname, forename and address, or firm and seat), where the sign is in colours, an indication of colours, where the mark is a three-dimensional mark or a collective mark, a statement to that effect, and other data relating to the application which are prescribed by an executive regulation.

(2) Goods and services shall be classified in the list of goods or services in ac-cordance with the Nice Classification.

Article99Examination of absolute requirements for the refusal of a mark

(1) In the examination preceding the publication of a mark application, the Office shall examine whether the sign to which the application relates may be registered as a mark, subject to provisions of Articles 42 and 43. Where the application relates to a collective mark, the Office shall also examine whether the application meets the requirements of Articles 45 and 46.

(2) Where the Office establishes that the sign to which the application relates meets the requirements of paragraph (1), it shall publish the application.

(3) Where the Office establishes that the sign to which the application relates does not meet the requirements of paragraph (1), it shall refuse the application wholly or in part.

Article100Opposing observations by third parties

(1) Following the publication of a mark application, any person may present to the Office observations concerning the registration of a sign, subject to Articles 42 and 43, and shall state the reasons.



(2) The person submitting such observations to the Office shall not be a party to the proceedings before the Office.

(3) The Office shall communicate the observations by third parties referred to in paragraph (1) to the applicant who may comment on them.

Article101Opposition against registration of a mark

(1) Within three months following the publication of a mark application, a writ-ten notice of opposition to registration of the mark may be filed with the Office by the owner of an earlier mark.

(2) The notice of opposition may only be given on the grounds referred to in Article 44 and shall contain supporting evidence.

(3) The opposition under paragraph (1) may also be filed by the owner of a mark which has been registered in any Member State of the Paris Union or WTO and has been applied for in the Republic of Slovenia by his agent or representative without the owner’s consent.

(4) Where the ground for opposition is Article 44(1)(f), a notice of opposition under this Article may also be filed by an owner of the earlier right referred to in Article 44(1)(f).

(5) When filing the opposition, or no later than three months from the receipt of the invitation, the opposition fee shall be paid, and a power of attorney shall be submitted, if the opposition has been filed by a representative.

(6) If the opponent withdraws the opposition, the withdrawal may not be can-celled later on.

(7) If the opposition does not meet requirements under this Article, it shall be deemed not to have been filed.

Article102Examination of the application following the opposition

(1) The Office shall notify the applicant for a mark of an opposition filed. The applicant may, within three months from the receipt of the notification, com-ment on the opposition.

(2) On the basis of the opposition and any observations from the applicant for a mark, the Office shall examine the grounds for the opposition.

(3) Where the examination of the opposition reveals that the opposition is not grounded and that the mark may be registered in respect of the goods or services for which the application has been made, the Office shall refuse the opposition.



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(4) Where the examination of the opposition reveals that the opposition is grounded and that the mark may not be registered in respect of all or some of the goods or services for which the application has been made, the Office shall refuse the application wholly or in part.

Article103Registration of marks

(1) Where no notice of opposition to registration of the mark has been filed or where opposition has been refused or has been deemed not to have been filed, the Office shall invite the applicant to pay, within three months from the receipt of the invitation, the registration fee which includes the maintenance fee for the first ten years.

(2) Following the payment of the fee referred to in paragraph (1), the Office shall issue a decision on registration of the mark, enter the mark in the register and publish the mention of the registration.

(3) If the applicant fails to pay the fee referred to in paragraph (1) in due time, the application shall be deemed to be withdrawn.

SectionVSpecial provisions for geographical indications

Article104Registration of geographical indications

(1) A request for the registration of a geographical indication may be filed by associations of legal or natural persons, chambers, communes, larger local com-munities or State authorities.

(2) The request under paragraph (1) shall be accompanied by a specification including in particular:

(a) indication to be registered as a geographical indication;

(b) indication of the good to which that geographical indication relates;

(c) a description of the good including the raw materials and principal physical, chemical, microbiological, organoleptic or other characteristics of the good;

(d) indication of location or region, including borders;

(e) a description of the method of obtaining the good and, if necessary, the authentic and unvarying local methods;

(f) details bearing out the link between the good and the location or region;

(g) details of inspection structures;

(h) labelling details.



(3) Where the request complies with the provisions of this Article and of Articles 55 and 56, the Office shall issue a decision on the registration of the geographi-cal indication, enter the geographical indication in the register and publish the mention of the registration.

(4) Provisions of this Article shall not apply to geographical indications which have been protected by virtue of Article 55(3).

ChapterVIIIREGISTERS AND MAINTENANCE OF RIGHTS

Article105Registers

(1) The Office shall keep registers of patents, supplementary protection certifi-cates, industrial designs, marks and geographical indications, and registers of applications for the above-mentioned rights. Registers shall be open to public inspection, unless otherwise provided by this Act.

(2) The date of the grant of a patent or a supplementary protection certificate, or the date of issuance of a decision on the registration of industrial design, mark or geographical indication shall be considered as the date of entry in the register.

(3) The Office shall deliver extracts from registers on request and against pay-ment of a fee prescribed by the Act regulating administrative fees.

(4) An executive regulation issued by the Minister competent for the field of industrial property shall define, in greater detail, the contents of registers, the contents of requests for entry of alterations in registers, the procedure for entry of such alterations, the contents of extracts from registers and the procedure for deliverance of such extracts.

Article106Contents of registers

(1) The register of patents shall contain primarily the following entries: registra-tion number, date of filing and number of the application, requested right of priority, date of publication, date of entry in the register, number and date of issuance of the declaratory decision under Article 93, data concerning the owner (name and address), type of the patent, data concerning the inventor (name and address), title of the invention, data concerning the maintenance of the patent, date of lapse of the patent.


Chapter VIII REGISTERS AND MAINTENANCE OF RIGHTS

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(2) The register of supplementary protection certificates shall contain primarily the following entries: registration number, date of filing and number of the ap-plication, date of publication of the application and the grant, date of entry in the register, data concerning the applicant and the holder (name and address), title of the product, registration number of the patent on the basis of which the supplementary protection certificate has been granted, number and date of the authorization to place the product on the market in the Republic of Slovenia or on the Community market as a medicinal product or plant protection product, indication of the state, where the authorization has not been issued by a com-petent Community authority under a centralised procedure, date until which the certificate is effective, data concerning the maintenance of the certificate, date of lapse of the certificate.

(3) The register of industrial designs shall contain primarily the following en-tries: registration number, date of filing of the application, requested right of priority, date of publication, date of entry in the register, data concerning the owner (surname, forename and address, or firm and seat), data concerning the designer (surname, forename and address), if the designer so wishes, indica-tion of the product, number of products, classification code according to the Locarno Classification, data concerning the renewal of the industrial design, date of lapse of the industrial design.

(4) The register of marks shall contain primarily the following entries: registra-tion number, date of filing of the application, requested right of priority, date of publication of the application and the registration, data on opposing observa-tions by third parties, data concerning any opposition and opponent, date of entry in the register, data concerning the owner or holder (surname, forename and address, or firm and seat), appearance of the mark, list of goods or services and classification code according to the Nice Agreement, data concerning the international registration, data concerning renewal of the mark, data concern-ing the cancellation of the mark, date of lapse of the mark.

(5) The register of geographical indications shall contain primarily the following entries: registration number, date of filing of the request, date of publication, date of entry in the register, geographical indication, the kind of the good and the location to which the indication relates.

(6) Information on litigations of which the Office has been notified and final judgements shall be entered ex officio in the registers referred to in Article 105(1).

(7) Provisions of this Article shall apply mutatis mutandis to registers of applica-tions.



Article107Entry of alterations in the registers

(1) Upon request, all subsequent alterations regarding a right or the owner of a right shall be entered in the register referred to in Article 105(1). The provisions of this paragraph shall apply mutatis mutandis to applications and applicants.

(2) Transfers of rights or licences shall be entered in the corresponding register at the request of one of the parties to the contract.

(3) The person who has been entered in the register as the owner of a right prior to the alteration may, by submitting relevant evidence, contest any alteration which has been unduly entered without his consent, instituting an action in the administrative litigation filed with the Administrative Court of the Republic of Slovenia in Ljubljana, which has exclusive territorial jurisdiction.

Article108Procedure for entry of alterations

(1) A single request may relate to more than one alteration in the register. A single request shall also be sufficient where the alteration or alterations relate to more than one application and/or right of the same person, provided that the altera-tion or alterations are the same for all applications and rights concerned, and the numbers of all applications and rights concerned are indicated in the request.

(2) When filing the request or within three months from the receipt of the invitation, a fee for the entry of each alteration in the register for each applica-tion or right shall be paid. If the fee is not paid in due time, the request shall be deemed to be withdrawn.

(3) Where the request for the alteration is filed by the person who has been entered in the register as the owner of a right, the Office shall immediately issue a decision on the entry of alteration and enter such alteration in the register.

(4) Where the request for the alteration is filed by the person who has not been entered in the register as the owner of a right, that person shall submit, when filing the request or within three months from the receipt of the invitation, the consent of the owner of the right for the entry of the requested alteration in the register or, of his own choosing, other documents evidencing the legal basis for the entry of the alteration. Where the Office doubts the veracity of any indication contained in the request for the alteration or if the submitted documents are in a foreign language, it may require that, within three months from the receipt of the invitation, additional documents or a Slovene translation of the submitted documents be furnished.

(5) If the requesting party fails to submit additional documents or their transla-tion requested under paragraph (4) in due time, the request for entry of altera-tions shall be deemed to be withdrawn.

(6) The Office shall decide on the entry of an alteration by a decision.



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Article109Renewal fees

(1) The renewal of rights shall be subject to the payment of fees which shall be due, calculated from the date of filing of the application:

(a) in respect of patents, each year for one subsequent year;

(b) in respect of industrial designs, each five years for subsequent five years;

(c) in respect of marks, each ten years for subsequent ten years.

(2) The fees under paragraph (1) shall be paid within twelve months preceding the due date.

(3) The application fee for patents includes the renewal fee for the first three years. The application fee for industrial designs includes the renewal fee for the first five years.

(4) Where the procedure for the grant of a patent lasts more than three years from the date of the filing of the application, or the procedure for the registra-tion of an industrial design more than five years from such date, the provisions of paragraphs (1) and (2) shall apply mutatis mutandis to patent and industrial design applications.

Article110Payment of renewal fees in a subsequent time limit

(1) Where a renewal fee has not been paid in accordance with Article 109 on or before the due date, it may still be paid within six months following the due date, provided that the additional fee, amounting to 50 % of the fee which has not been paid in due time, is paid.

(2) The Office shall remind the owner of a right of the failure of due payment of the renewal fee under Article 109(1), of the possibility of payment under paragraph (1) of this Article, and of the consequences of non-payment.

(3) The non-payment of renewal fees in due time or, following the reminder of the Office, within the subsequent time limit referred to in paragraph (1), together with the additional fee, shall entail lapse of the right on the day following the due date referred to in Article 109(1).

(4) Paragraphs (1) and (2) shall apply mutatis mutandis in the cases referred to in Article 109(4). If in such cases the renewal fee and the additional fee have not been paid in the subsequent time limit, the application shall be deemed to be withdrawn.



ChapterIXJUDICIAL PROTECTION AND ENFORCEMENT

OF RIGHTS

SectionIJudicial protection

SubsectionINullity of rights

Article111Actions for a declaration of nullity

Any interested party may bring an action in the court of competent jurisdiction to declare nullity of a patent, short-term patent, industrial design or mark.

Article112Actions for a declaration of nullity of a patent

(1) Actions to declare nullity of a patent may be filed on one or more of the following grounds:

(a) on the date of the filing of the application the invention did not meet all requirements under Articles 10, 11, 12, 14 and 15 or, in the case of a short-term patent, requirements under Article 16;

(b) the invention does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art to which the invention relates;

(c) the content of the protection extends beyond the content of the first re-ceived application or, if the patent was granted on a divisional application, beyond the content of the initial application.

(2) Actions to declare nullity of a patent may also be filed in instances where a declaratory decision under Article 93(1)(a) or (b) has already been issued, or where the patent has lapsed.

(3) Where an action to declare nullity of a European patent valid in the Republic of Slovenia pursuant to an international treaty, and which has been the subject of an opposition at the EPO, has been filed during the opposition procedure at the EPO, the court shall interrupt the proceedings until the decision of the EPO on the opposition has become final.


Chapter IX JUDICIAL PROTECTION AND ENFORCEMENT OF RIGHTS

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Article113Actions for a declaration of nullity of an industrial design

Actions to declare nullity of an industrial design may be filed, subject to the date of the filing of the application, on one of the following grounds:

(a) the industrial design has been registered contrary to Article 36;

(b) the applicant for or the owner of the industrial design has not been entitled to an industrial design protection.

Article114Actions for a declaration of nullity of a mark

(1) Actions to declare nullity of a mark may be filed where the mark has been registered, subject to the date of the filing of the application, contrary to Article 42 or 43.

(2) Actions to declare nullity of a collective mark may be filed where the collec-tive mark has been registered, subject to the date of filing of the application, contrary to Article 42, 43, 45 or 46.

(3) Where the ground for the action under paragraph (2) is a collective mark which has been registered contrary to Article 46, the court shall reject the action if the holder of the collective mark, prior to the issuance of the court’s decision, amends the regulations referred to in Article 46.

SubsectionIIContesting of rights

Article115Contesting the right to a patent or industrial design

(1) An inventor, his heir or other successor in title may, at any time during the validity of a patent, file an action with a court of competent jurisdiction, requesting that he be declared owner of the patent, if the patent has been granted in the name of a person who is not the inventor, his heir or other successor in title.

(2) The designer, his heir or other successor in title may, at any time during the validity of an industrial design, file an action with a court of competent jurisdiction requesting that he be declared owner of the right, if the industrial design was registered in the name of a person who is not the designer, his heir or other successor in title.



(3) The action referred in paragraphs (1) or (2) may also be filed by a person who is entitled to the rights conferred by a patent or industrial design if the patent was granted or industrial design was registered in the name of the inventor or designer or a third person, which the inventor or the designer unjustifiably authorised that the patent be granted or industrial design be registered in his name.

Article116Contesting the right to a mark

(1) Legal or natural persons may file an action with a court of competent juris-diction requesting the court to decide that a sign which they use in trade for marking their goods or services is identical or similar to a mark used by a third person in marking his goods or services of the same or similar kind and that the sign was generally known as the sign for designation of the goods or services of the legal or natural person before the defendant filed his mark application, and requesting the court to issue a decision declaring the plaintiff to be the owner of the mark.

(2) The court shall rule against the request referred to paragraph (1) if the de-fendant owner of the mark proves that he had used the contested sign for the same or similar goods or services for as long as or longer than the plaintiff before filing his application.

(3) The action referred to in paragraph (1) may not be filed after the expiry of five-year period following the date of entry of the mark in the register.

Article117Entry in the register of the new owner

(1) Within three months from the receipt of a final judgement that rules favour-ably on the actions referred to in Articles 115 or 116, the plaintiff may request to be entered in the register as the owner of the patent, industrial design or mark and to be issued a certificate to that effect.

(2) If the successful plaintiff does not submit a request to be entered in the register as the owner of the right within the time limit laid down in paragraph (1), the right shall be ex officio removed from the register.

(3) Any rights a third person has acquired from the person who has been entered in the register as the owner of the right before the judgement referred to in paragraph (1) shall be binding on the new owner if entered in the corresponding register or if correctly applied for the entry before the action was filed.



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SubsectionIIIRight of the inventor or designer to be named

Article118Actions for recognition of the right to be named

(1) An inventor or designer may file an action with a court of competent juris-diction requesting:

(a) that he be named in the application and in all documents;

(b) that a final judgement be published at the defendant’s expense.

(2) The action referred in paragraph (1) may be filed at any time during the validity of the patent or industrial design.

SubsectionIVRemoval and cancellation of marks

Article119Actions for removal of marks from the register

(1) Actions to remove marks from the register and to prohibit the use of signs may be filed with the court of competent jurisdiction on one of the following grounds:

(a) the applicant was acting in bad faith when filing the application;

(b) the mark has been registered, subject to the date of the filing of the applica-tion, contrary to Article 44, except in the cases referred to in Article 139;

(c) in consequence of acts or inactivity of the owner, the mark has become the common name in the trade for goods or services in respect of which it is registered;

(d) in consequence of the use made of it by the owner of the mark or with his consent in respect of the goods or services for which it is registered, the mark is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services.

(2) Save the grounds referred to in paragraph (1), actions to remove collective marks from the register and to prohibit the use of signs may be filed on one or more of the following grounds:

(a) the holder of the collective mark ceased to exist;

(b) the collective mark is used contrary to the regulations under Article 46;



(c) the regulations governing use of the collective mark have been amended in such a manner as to contradict Article 46.

(3) The court shall rule against the action filed under paragraph (1)(b) if the de-fendant proves that the reasons under Article 120 for cancellation of an earlier mark referred to in Article 44 exist.

(4) Where the ground for an action under paragraph (1) or (2) is Article 44(1) (c), (d) or (e), the plaintiff may, instead of the removal of the mark from the register, requests the transfer thereof on his name.

(5) In the case provided for in paragraph (2)(c), Article 114(3) shall apply mutatis mutandis.

(6) The action under paragraph (1)(b) shall not been admissible after the expiry of five-year period following the entry of a right in the register, unless the ap-plicant was acting in bad faith when filing the mark application.

(7) The mark shall be removed from the register as of the date on which the judgement on the removal has become final.

Article120Actions for cancellation of marks on account of non-use

(1) Any interested party may file an action with a court of competent jurisdiction requesting cancellation of a mark if, within a continuous period of five years from the date of entry of the right in the register, or the day on which the mark has been seriously and effectively used in the Republic of Slovenia for the last time, the owner without proper reasons fails to use the mark in connection with the goods or services in respect of which it is registered.

(2) Cancellation of a mark may not be requested where, during the interval between the expiry of the five-year period referred to in paragraph (1) and filing of the action for cancellation, the owner has started or resumed to seriously and effectively use the mark. The commencement or resumption of use within a period of three months preceding the filing of the action which began at the earliest on expiry of the time limit referred to in paragraph (1) shall, however, be disregarded where preparations for the commencement or resumption oc-cur only after the owner becomes aware that the action for cancellation of his mark may be filed.

(3) The owner of the mark shall prove the use of the mark in the cancellation procedure.

(4) Use of the mark with the consent of the owner or by any person who has authority to use it shall be deemed to constitute use by the owner.



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(5) A collective mark shall be deemed to be used by the holder where it is used by at least one person who has authority to use it.

(6) The following shall also constitute use of the mark:

(a) use of the mark in a form differing in elements which do not alter the distinc-tive character of the mark in the form in which it was registered;

(b) affixing of the mark to goods or to the packaging thereof in the Republic of Slovenia solely for export purposes.

(7) The Office shall cancel the mark as of the day on which the judgement on cancellation has become final for those goods or services for which it is established that the mark has not been used in the territory of the Republic of Slovenia.

SectionIIEnforcement of rights

Article120aCapacity to enforce rights

(1) The rights to enforce judicial protection belong, in addition to owners of the right referred to in Articles 18, 37, 47 and 58, mutatis mutandis also to:

(a) persons entitled to use a collective mark;

(b) persons entitled to use a geographical indication;

(c) owners of exclusive licence to the extent to which the owner’s rights are assigned to them by law or through a legal transaction; and

(d) professional associations established for the protection of industrial property rights to the extent to which the owner’s rights are assigned to them by law or through a legal transaction.

Article121Actions for infringement of rights

(1) Against a person who encroaches a right listed in Articles 18, 37, 47 or 58 without the owner’s consent, the owner of the right may file an action with a court of competent jurisdiction requesting that:

(a) the infringement already commenced and future infringements be pro-hibited;

(b) the objects of infringement be recalled from the channels of commerce, taking account of the interests of bona fide third parties;



(c) the situation caused by the infringement be rectified;

(č) the objects of infringement be irrevocably removed from the channels of commerce;

(d). the objects of infringement be destroyed;

(e) the means of infringement that are owned by the infringer and intended or used exclusively or principally for infringement be destroyed;

(f) the objects of infringement be surrendered to the plaintiff against the reim-bursement of the costs of their production;

(g) the judgment be published.

(2) In deciding on the claims referred to in paragraph (1)(b) to (f.), the court shall take account of the circumstances of the case, in particular proportionality be-tween the seriousness of the infringement and the claim, as well as the interest of the owner of the right to ensure an effective protection of rights.

(3) In proceedings against a person whose services have been used to infringe the right, and the existence of such infringement has already been finally es-tablished in proceedings against the third party, the infringement shall be presumed to exist.

Article121aCompensation for damage

(1) For infringements under this Act, general rules governing causation of dam-age shall be applicable, unless otherwise provided by this Act.

(2) The infringer shall pay to the owner of the right damages in the amount to be defined under general rules on compensation for damage, or in the amount which is equal to agreed or customary license fee.

Article122Additional provisions governing infringement of patent rights

(1) In the case of infringement of a patent conferring protection on a process for obtaining a new substance, such substance shall be deemed, in the absence of proof to the contrary, to be of an identical composition or identical and made under the protected process. The burden of proof shall be borne by the defend-ant or alleged infringer whose legitimate interests in protecting his business secrets shall be taken into account.

(2) Where the action under Article 121 refers to infringement of patent rights or a published European patent application requesting protection in the Re-public of Slovenia, the court shall interrupt proceedings until the Office issues



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a declaratory decision under Article 93(1)(a) or (b), or until the European patent is entered in the Office’s patent register.

(3) In the case of infringement of a patent in respect of which a declaratory decision under Article 93(1)(a) or (b) has not yet been issued, the court shall, for the use of invention during the interval between the granting of the patent and the issuance of the declaratory decision, impose on the infringer the payment of compensation reduced with respect to the given circumstances.

(4) Paragraph (3) shall apply mutatis mutandis to a published patent applica-tion filed abroad under Article 3(2), for the use of invention during the interval between the publication of the application and the granting of the patent or, where the European patent has been entered in the Office’s register, the date on which the EPO published its decision on the grant of the European patent.

Article122aPresentation of evidence

(1) If the court decides to take the proposed evidence and that evidence is in the possession of the opposite party, that party shall present such evidence at the request of the court.

(2) Paragraph (1) shall also be applicable for banking, financial and commercial documents under the control of the opposite party if the infringement was committed on a commercial scale. An act shall be deemed to be performed on a commercial scale if it has been performed for direct or indirect economic advantage.

(3) The provisions of the Act regulating civil procedure shall apply to the pro-ceedings for the presentation of evidence, unless otherwise provided by this Act.

(4) After the taking of evidence referred to in paragraph (1), the court shall ensure that confidential information from the parties to the proceedings be protected and that judicial proceedings not be used in bad faith with the sole purpose to obtain confidential information from the opposite party.

Article123Provisional measures

(1) The court shall order provisional measures to secure non-monetary claims under this Act if the claimant shows probable grounds for belief that:

(a) he/she is the owner of the right according to Articles 18, 37, 47 and 58; and

(b) his/her right has been infringed or there exists an actual danger to be in-fringed.



(2) The claimant shall also show probable grounds for belief that:

(a) a danger exists that the enforcement of claims will be made impossible or rather difficult;

(b) the adoption of a provisional measure is necessary to avoid damage difficult to repair; or

(c) a provisional measure, which may prove unfounded in the course of the proceedings does not have more detrimental consequences for the alleged infringer that would have the non-adoption of such measure for the owner of the right.

(3) The claimant who proposes the order of a provisional measure without prior notification and hearing of the opposite party shall show probable grounds for belief, in addition to the requirements of paragraphs (1) and (2), that any delay of the order is likely to cause the owner of the right a damage difficult to repair. In that event, the opposite party shall be given notice after the execution of the order at the latest.

(4) The owner of the right shall not be obliged to prove the existence of a danger that the enforcement of claims will be made impossible or rather dif-ficult if he/she shows probable grounds for belief that the proposed provisional measure would cause the infringer only insignificant damage. The danger shall be deemed to exist when the claims are to be enforced abroad, with the excep-tion of Member States of the European Union.

(5) The court may order any provisional measure to secure non-monetary claims referred to in paragraph (1), with which the purpose of security can be achieved, in particular:

(a) to interdict to the alleged infringer the continuation of infringement already commenced and future infringements;

(b) to seize, exclude from circulation and take into custody the objects of in-fringement and the means of infringement that are intended or used exclusively or principally for infringement.

(6) The court shall decide on the opposition against a decision on the adoption of a provisional measure within 30 days following the filing of the answer to the opposition, or by the end of the time limit set for the filing of the answer to the opposition.

(7) The provisions of the Act regulating execution of judgements and insur-ance of claims shall apply to the proceedings for the adoption of provisional measures, unless otherwise provided by this Act. Proceedings shall be expedi-tious.



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Article123aOrder for provisional measures in patent infringements

Where the proposal for order of a provisional measure referred to in Article 123 relates to a patent infringement, the court shall order the provisional measure if also the following two conditions are fulfilled:

(a) that the owner of the right submits a declaratory decision under Article 93(1)(a) or (b); and

(b) that the owner of the right proposes the order of provisional measure within three months after he has learned of the alleged infringement.

Article124Preservation of evidence

(1) The court shall issue an order to preserve evidence if the owner of the right presents reasonably available evidence that:

(a) he/she is the owner of the right according to Articles 18, 37, 47 and 58;

(b) his/her right has been infringed or there exists an actual danger to be in-fringed; and

(c) evidence of infringement will be destroyed or that it will be impossible to take such evidence at a later time.

(2) The owner of the right who requests the order to preserve evidence with-out prior notification and hearing of the opposite party shall show probable grounds for belief, in addition to the requirements of paragraph (1), that there is a danger of evidence of infringement being destroyed as the result of conduct of the opposite party or that it will be impossible to take such evidence at a later time. In that event, the opposite party shall be given notice after the execution of the order at the latest.

(3) The court may issue the order referred to in paragraph (1) to take any evi-dence, and in particular:

(a) to inspect places, business records, inventory, databases, computer memory units or other things;

(b) to seize samples of the objects of infringement;

(c) to examine and seize documents;

(d) to appoint and examine experts; and

(e) to examine witnesses.

(4) Preservation of evidence may be requested even after the decision by which the proceedings are completed has become final, if this is necessary before or during the proceedings with extraordinary remedies.



(5) The provisions concerning provisional measures of the Act regulating execu-tion of judgements and insurance of claims shall apply mutatis mutandis to the proceedings for preservation of evidence under this Article, unless otherwise provided by this Act. Proceedings shall be expeditious.

(6) Where it is subsequently found that the request for preservation of evidence has been unfounded or that the owner of the right has not justified it, the op-posite party shall have the right to claim:

(a) the return of the seized objects;

(b) the prohibition of the use of information obtained; and

(c) the compensation for damage.

(7) In the proceedings for preservation of evidence in accordance with this Article, the court shall ensure that confidential information from the parties be protected and that judicial proceedings not be used in bad faith with the sole purpose to obtain confidential information from the opposite party.

Article124aPreservation of evidence in patent infringements

Where the proposal for order to preserve evidence referred to in Article 124 relates to a patent infringement, the court shall issue the order if also the fol-lowing two conditions are fulfilled:

(a) that the owner of the right submits a declaratory decision under Article 93(1)(a) or (b); and

(b) that the owner of the right proposes the order of provisional measure within three months after he has learned of the alleged infringement.

Article124bDuty to provide information

(1) In the proceedings concerning the infringement of rights the court may, upon a justified request of the party, order that information on the origin and distribution networks of the goods or services which infringe a right under this Act be provided by the alleged infringer.

(2) The court may order that information referred to in paragraph (1) be provided also by persons who:

(a) possess the infringing goods on a commercial scale;

(b) use the infringing services on a commercial scale; or

(c).provide on a commercial scale services used in an infringing activity.



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(3) The court may order that information referred to in paragraph (1) be provided also by the person who was indicated by any person referred to in paragraph (2) as being involved in the production, manufacture or distribution of the infringing goods or the provision of the infringing services.

(4) The information referred to in paragraph (1) may comprise:

(a) the names and addresses of the producers, manufacturers, distributors, suppliers and other previous holders of the goods or services, as well as the intended wholesalers and retailers; and

(b) information on the quantities produced, manufactured, delivered, received or ordered, as well as the price obtained for the goods or services in question.

Article124cProtection of other industrial property rights

The provisions of this Section shall apply mutatis mutandis to trade names and plant variety rights.

ChapterXCOMPULSORY LICENCES

Article125Compulsory licences

(1) The court may decide that a third party or the Government of the Republic of Slovenia exploit the invention without the authorisation of the owner of the patent:

(a) where the public interest concerning, in particular, national security, nutri-tion, health or the development of other vital sectors of the national economy so requires, or

(b) where the court has determined that the owner of the patent or his licen-see abuses the patent rights, in particular where the manner of exploitation, contrary to the adopted regulations, restrains competition.

(2) The court shall grant compulsory licences under paragraph (1) with regard to given circumstances and after hearing the owner of the patent.

(3) Compulsory licences under paragraph (1) shall be granted provided that the person filing the request proves that he has made efforts to conclude a licence contract with the owner of the patent on reasonable commercial terms and that such efforts failed to succeed within a reasonable period of time.

Chapter X COMPULSORY LICENCES


(4) Paragraph (3) shall not apply if a state of war or similar state of emergency has been declared. Nevertheless, the owner of the patent shall be notified of the decision of the court as soon as reasonably practicable.

Article126Conditions for granting compulsory licences

(1) Compulsory licences under Article 125 shall be granted under the following conditions:

(a) scope and duration shall be limited with regard to their purpose;

(b) they shall be non-exclusive;

(c) they shall be non-transferable, with the exception of the part of the enterprise or business of the licence owner to which the licence refers;

(d) they shall be granted primarily for the supply of the market of the Republic of Slovenia.

(2) Where a patent, hereinafter referred to as “the second patent”, cannot be exploited without infringing another patent, hereinafter referred to as “the first patent”, the following conditions, in addition to those of Article 125 and paragraph (1) above, for the grant of compulsory licence in respect of the first patent shall be met:

(a) the invention claimed in the second patent shall involve a technical advance of considerable economic significance compared to the invention claimed in the first patent;

(b) the owner of the first patent shall under reasonable conditions be entitled to a cross-licence to use the invention claimed in the second patent;

(c) the use authorised in respect of the first patent shall not be transferable except with the simultaneous transfer of the second patent.

(3) The court shall decide that a compulsory licence expire if the circumstances which led to it being granted have ceased to exist and are unlikely to recur.

Article127Remuneration for compulsory licences

(1) Owners of patents under a compulsory licence shall be entitled to remu-neration.

(2) The amount of the remuneration shall be determined with regard to the circumstances of each case and taking into account the economic value of the compulsory licence.


Chapter X COMPULSORY LICENCES

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ChapterXIREPRESENTATION

Article128Representation before the Office

(1) Only representatives whose names have been entered in the corresponding register of representatives maintained by the Office shall be authorised to act before the Office. The representative shall be appointed in a power of attorney which shall be in writing.

(2) The party making the appointment may appoint one or several representa-tives for all or only for certain acts in the proceedings before the Office. If several representatives are appointed and the party does not name one to whom the Office should address notifications, they shall be addressed to the representa-tive who is named first.

(3) The party making the appointment may, in a general power of attorney, au-thorise a representative for acts in respect of all applications, rights and requests filed with the Office. If the general power of attorney has been deposited with the Office, its reference number shall be indicated, and its copy attached, when filing any request with the Office.

(4) The power of attorney shall be submitted when filing the request or within three months from the receipt of the invitation. If the power of attorney is not submitted in due time, the representative is deemed not to have been appointed and his acts not to have been carried out. The request filed by the alleged representative shall be rejected by an order of the Office. The order on rejection shall be served on the alleged representative.

Article129Representation of foreign persons

(1) Foreign natural and legal persons having neither residence nor real and effective industrial or commercial establishment in the Republic of Slovenia, hereinafter referred to as “foreign persons”, shall assert their rights under this Act in proceedings before the Office through a representative, unless other-wise provided by an international treaty which is binding on the Republic of Slovenia.

(2) Notwithstanding paragraph (1) and subject to paragraph (3), a foreign person may file applications, perform acts relating to the establishment of the filing date, pay fees in the proceedings before the Office, file copies of first applica-tions when claiming the right of priority under Article 61, and receive notifica-tions by the Office relating to those proceedings, without a representative.

Chapter XI REPRESENTATION


(3) If a foreign person, in cases referred to in paragraph (2), does not have a representative in the proceedings before the Office, he shall communicate to the Office an address for correspondence which shall be in the territory of the Republic of Slovenia. Any notification referred to in paragraph (2) which the Office sends to the address for correspondence shall be deemed to be a sufficient notification.

(4) Notwithstanding paragraph (1), a renewal fee may be paid by any person.

(5) If a foreign person, contrary to this Article, does not appoint a representative in the proceedings before the Office, or does not communicate an address for correspondence which is in the territory of the Republic of Slovenia, the Office shall exceptionally invite him directly by post to appoint, within three months from the receipt of the invitation, a representative and submit a power of at-torney or, in accordance with paragraph (3), communicate an address for cor-respondence. If a foreign person does not appoint a representative and does not submit a power of attorney or, in accordance with paragraph (3), communicate an address for correspondence in due time, the Office shall reject any request by order, unless otherwise provided by this Act. The order shall be announced on the notice board of the Office.

Article130Revocation and renunciation of a power of attorney

(1) The party making the appointment may, at any time, revoke the power of attorney, and the representative may, at any time, renounce his appointment.

(2) The revocation or renunciation shall be communicated to the Office and shall be effective as from the date of receipt by the Office. If the representative has renounced his appointment, he shall continue, for three months, to per-form acts for the party who has appointed him, unless the party has another representative.

(3) If due to the revocation or renunciation a foreign person remains without a representative, Article 129(5) shall apply mutatis mutandis.

Article131Representatives

(1) Parties may be represented in proceedings before the Office by patent agents and by industrial design and mark agents. Patent agents shall represent parties to proceedings relating to the acquisition and maintenance of any right under this Act and other requests concerning such rights. Industrial design and mark agents shall only represent parties to proceedings relating to the acquisition and maintenance of industrial designs, marks and geographical indications and other requests concerning those rights.



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(2) Patent agents may be:

(a) persons who have completed university studies in technology or science and have passed the qualifying examination for a patent agent at the Office;

(b) lawyers or law firms, employing on a regular or contractual basis a person who fulfils the conditions laid down in sub-paragraph (a);

(c) legal persons employing at least one person who fulfils the conditions laid down in sub-paragraph (a).

(3) Industrial design and mark agents may be:

(a) persons who have completed university studies and have passed the qualify-ing examination for industrial design and mark agents at the Office;

(b) lawyers or law firms;

(c) legal persons who employ at least one person who fulfils the conditions laid down in sub-paragraph (a).

(4) Parties to proceedings relating to rights under this Act may be represented by patent agents, industrial design and mark agents or authorised persons em-ployed by such agents also before courts and other State authorities, provided that they fulfil the conditions laid down in regulations governing representation before courts and other State authorities. In such cases, the agent is entitled to be paid for his work in the amount fixed by the agent’s price list, and to have his costs refunded by the opposing party. The agent’s price list shall be adopted by agent or association of agents with the consent of the Minister competent for justice.

Article132Entry of agents in the register

(1) The Office shall keep the register of patent agents and the register of indus-trial design and mark agents.

(2) A fee prescribed by the Act regulating administrative fees shall be paid for entry in the register. Following the payment of the fee, the Office shall issue the decision on the entry.

(3) A patent agent may request that he be removed from the register of patent agents and entered in the register of industrial design and mark agents. An industrial design and mark agent may request that he be removed from the register of industrial design and mark agents and entered in the register of pat-ent agents only if he fulfils the requirements of Article 131(2).

(4) Agents shall be removed from the register if:

(a) they file a request for removal;

(b) they are barred by a final judgement from acting as representatives.



(5) The following data in particular shall be entered in the register: registration number of the representative, data on the representative (surname, forename and address, or firm and seat), date of entry in the register and data on persons who fulfil the conditions under Article 131(2)(a) or (3)(a) and are employed by the agent on a regular or contractual basis (surname, forename, address and education).

(6) An executive regulation issued by the Minister competent for the field of industrial property shall define, in greater detail, the contents of the requests for entry in the register of agents, proceedings relating to such entries, data to be entered in the register and proceedings relating to entries of alterations.

Article133Qualifying examinations

(1) The Office shall conduct qualifying examinations under Article 131(2) and (3). A fee prescribed by the Act regulating administrative fees shall be paid before the examination.

(2) The Office shall keep a list of persons who have passed the qualifying ex-amination.

(3) An executive regulation issued by the Minister competent for the field of industrial property shall define, in greater detail, the manner of conducting qualifying examinations under Article 131(2) and (3).

ChapterXIIPENAL PROVISIONS

Article134Offences

(1) By a fine of 100 000 to 10 000 000 tolars1 shall be punishable for an offence any legal person who:

(a) uses, in the course of trade, the signs referred to in Article 43(3) without the consent of the Government of the Republic of Slovenia;

(b) submits to the Office a false or untrue evidence referred to in Article 92, or request an interruption of the proceeding referred to in Article 92(3) by a false or untrue communication;

(c) represents a third person in the proceedings before the Office without being entered in the register referred to in Article 132.

� EUR 417 to 41 729


Chapter XII PENAL PROVISIONS

81

(2) By a fine of 10 000 to 500 000 tolars1 shall be punishable the person respon-sible within the legal person for any offence referred to in paragraph (1).

(3) By a fine of not more than 150 000 tolars2 shall be punishable natural persons for any offence referred to in paragraph (1).

ChapterXIIITRANSITIONAL AND FINAL PROVISIONS

Article135The use of substances as medicine

(1) The use of substances as medicine for humans and animals shall not be deemed to constitute infringement of a patent for invention of such substances if the corresponding patent application was filed on or before December 31, 1992, or if a right of priority was claimed for the application on or before De-cember 31, 1992.

(2) By the use of substance as a medicine within the meaning of paragraph (1) is meant its production and processing into the medicine under a process which is not the subject-matter of a relevant patent protection, and marketing of this substance or medicine.

(3) Following the accession of the Republic of Slovenia to the European Union, Article 21(2) shall apply to substance or medicine referred to in paragraph (1) only if the consent of the owner of the patent under which such substance or medicine is protected has been obtained.

Article136Treatment of applications and validity of rights

(1) Procedures concerning the registration and grant of industrial property rights with respect to applications filed before the date of entry into force of this Act shall be carried out in accordance with the provisions of this Act, unless otherwise provided by this Act.

(2) The industrial property rights which are valid on the date of entry into force of this Act shall continue to be valid according to the provisions of this Act, unless otherwise provided by this Act.

� EUR 41,70 to 2086� EUR 626

Chapter XIII TRANSITIONAL AND FINAL PROVISIONS


Article137Patent applications and patents

(1) The provisions of Articles 10, 77, 78 and 112 of the Law on Industrial Property (Official Gazette RS Nos. 13/92, 27/93 and 34/97 - Decision by Constitutional Court, 75/97) shall continue to apply to patents applied for or granted prior to entry into force of this Act.

(2) The provisions of Article 22(2) and (3) of this Act shall apply to patents applied for after 1 January 1993.

(3) From the date of accession of the Republic of Slovenia to the European Union, Article 22(3) of this Act shall apply in accordance with the regulations of the European Union.

(4) Within six months following the accession of the Republic of Slovenia to the European Union, a supplementary protection certificate may be requested for patents applied for after 1 January 1993, and for which the time limit referred to in Article 7 of the EU Regulation No 1768/92 of 18 June 1992, or Article 7 of the EU Regulation No 1610/96 of 23 June 1996, expired.

(5) The provisions of Articles 24 to 31 of this Act shall begin to apply on entry into force of the EPC for the Republic of Slovenia.

(6) The provision of Article 32(6) of this Act shall not apply to applications under the PCT which have been filed prior to entry into force of this Act.

Article138Industrial design applications and industrial designs

(1) Article 58 of the Law on Industrial Property shall continue to apply to indus-trial designs published prior to entry into force of this Act, and for which opposi-tion against the issuance of the decision on the registration has been filed.

(2) Where an industrial design application has been published prior to entry into force of this Act, and opposition against the issuance of the decision on the registration under Article 58 of the Law on Industrial Property has not been filed, the Office shall issue the decision on the registration of the industrial design, enter it in the register and publish the mention of the registration.

(3) Industrial designs valid on the date of entry into force of this Act shall be dealt with in accordance with the provisions of this Act.



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Article139Opposition on the basis of a mark applied for or registered

with the Office for Harmonisation in the Internal Market (trade marks and designs)

(1) Prior to the accession of the Republic of Slovenia to the European Union, a mark which was applied for or registered with the Office for Harmonisation in the Internal Market (trade marks and designs) before the date of application for or registration of the later mark in the Republic of Slovenia shall also be deemed to be an earlier mark under Article 44(1).

(2) The owner of the earlier mark referred to in paragraph (1) may file an op-position under Article 101, provided that he files, within the time limit pro-vided for the opposition, a correct application for his mark in the Republic of Slovenia.

(3) If the owner of the earlier mark referred to in paragraph (1), when filing an opposition under Article 101, does not file in due time also a correct applica-tion for his mark in the Republic of Slovenia, the opposition shall be deemed not to have been filed.

Article140Appellations of origin

Appellations of origin valid on the date of entry into force of this Act shall be dealt with as geographical indications under this Act, unless otherwise provided for by another act.

Article141Qualifying examinations and agents

(1) Qualifying examinations passed or recognised up to the date of entry into force of this Act shall be treated as qualifying examinations for patent agents and qualifying examinations for industrial design and mark agents.

(2) The Office shall ex officio enter in the register of patent agents all representa-tives who have been entered in the register of representatives by the date of entry into force of this Act.

Article142Executive regulations

(1) Executive regulations under this Act and order on the tariff referred to in Article 7(3) shall be issued within six months following the entry into force of this Act, with the exception of the regulation referred to in Article 80(2) which shall be issued after the Office will have had the necessary technical facilities.



(2) Prior to the issuance of new regulations, the following regulations issued under the Law on Industrial Property shall apply mutatis mutandis:

(a) Regulations governing grant of patents (Official Gazette RS No. 49/93);

(b) Regulations governing registration of industrial designs (Official Gazette RS Nos. 49/93 and 37/95 - Decision by Constitutional Court);

(c) Regulations governing registration of marks (Official Gazette RS No. 49/93);

(d) Regulations governing international registration of marks (Official Gazette RS No. 15/93);

(e) Regulations governing qualifying examinations and entry in the register of representatives (Official Gazette RS No. 20/92);

(f) Regulation governing fees for acquisition and protection of industrial prop-erty rights prescribed by the Slovene Intellectual Property Office (Official Ga-zette RS No. 14/95);

(g) Regulation governing fees for information and other services provided by the Slovene Intellectual Property Office (Official Gazette RS No. 57/96).

Article143Termination of validity

(1) On the date of entry into force of this Act,

(a) Law on Industrial Property, and

(b) Regulations governing transfer of industrial property rights applied for at the Federal Patent Office in Belgrade to the Slovene Intellectual Property Office (Official Gazette RS No. 49/93)

shall cease to apply.

(2) Notwithstanding paragraph (1)(a) and subject to Articles 137(1) and 138(1) of this Act, the provisions of Articles 10, 58, 77, 78 and 112 of the Law on Industrial Property shall continue to apply.

Article144Entry into force

This Act shall enter into force after the expiry of six-month period following its publication in the Official Gazette of the Republic of Slovenia.



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TRANSITIONAL AND FINAL PROVISIONS

of the Act of 6 February 2006 Amending the Industrial Property Act

Article23Pending proceedings

Proceedings which are pending pursuant to Chapter IX at the time when this Act becomes effective shall be terminated according to the provisions of this Act applicable hitherto.

Article24This Act shall enter into force on the fifteenth day following its publication in the Official Gazette of the Republic of Slovenia.



COPYRIGHT AND RELATED RIGHTS ACT*

of30March1995

aslastamendedon15December2006

(asinforcefrom13January2007)

* Published in the Official Gazette RS Nos. 21/95, 9/01, 30/01, 43/04, 17/06 and 139/06. Unofficial translation.

ChapterIGENERAL PROVISIONS

Article1Scope of the Act

(1) This Act regulates:

1. the right of authors with respect to their works of literature, science and art (copyright);

2. the rights of performers, producers of phonograms, film producers, broad-casting organizations, publishers and makers of databases (related rights);

3. individual and collective management and enforcement of copyright and related rights.

(2) This Act integrates into the legal system of the Republic of Slovenia the provi-sions of the Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs (OJ L 122, 17 May 1991, p. 42, with amendments), Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (OJ L 346, 27 November 1992, p. 61, with amendments), Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission (OJ L 248, 6 October 1993, p. 15), Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rights (OJ L 290, 24 November 1993, p. 9, with amendments), Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ L 077, 27 March 1996, p. 20), Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 167, 22 June 2001, p. 10, with amendments), Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art (OJ L 272, 13 October 2001, p. 32) and Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ L 195, 2 June 2004, p. 16).

Article2Public

The term “public”, as used in this Act, shall mean a larger number of persons that are outside the usual circle of a family or the circle of personal acquaint-ances.

88 COPYRIGHT AND RELATED RIGHTS ACT

Chapter I GENERAL PROVISIONS

Article3Disclosure and publication

(1) Disclosure, as used in this Act, shall mean that a copyright work or subject matter of a related right has been made available to the public, with the consent of the right holder.

(2) Publication, as used in this Act, shall mean that sufficient quantity of already produced copies of a copyright work, or of a subject matter of a related right, was offered to the public or put into circulation, with the consent of the right holder.

Article4Relation between copyright and related rights

(1) Protection of related rights under this Act shall leave intact and shall in no way affect the protection of copyright.

(2) Provisions of this Act concerning elements of a copyright work, presumption of authorship, joint authors, authors of compound works, contents of economic rights and other rights of the author, relationship between copyright and own-ership, limitations to copyright, term of copyright (beginning and effect of the running) and transfer of copyright (Sections I and II of Chapter III), shall apply mutatis mutandis to related rights, unless otherwise provided in Chapter V.

ChapterIICOPYRIGHT LAW

SectionICopyright works

Article5Protected works

(1) Copyright works are individual intellectual creations in the domain of lit-erature, science, and art, which are expressed in any mode, unless otherwise provided by this Act.

(2) As copyright works are considered in particular:

1. spoken works such as speeches, sermons, and lectures;

2. written works such as belletristic works, articles, manuals, studies, and com-puter programs;

8�COPYRIGHT AND RELATED RIGHTS ACT

Chapter II COPYRIGHT LAW

3. musical works with or without words;

4. theatrical or theatrico-musical works, and works of puppetry;

5. choreographic works and works of pantomime;

6. photographic works and works produced by a process similar to photo-graphy;

7. audiovisual works;

8. works of fine art such as paintings, graphic works, and sculptures;

9. works of architecture such as sketches, plans, and built structures in the field of architecture, urban planning, and landscape architecture;

10. works of applied art and industrial design;

11. cartographic works;

12. presentations of a scientific, educational or technical nature (technical draw-ings, plans, sketches, tables, expert opinions, three-dimensional representa-tions, and other works of similar nature).

Article6Elements of a copyright work

(1) Draft, component parts and the title of a work, which are in themselves individual intellectual creations, shall enjoy the same protection as the work itself.

(2) Regardless of the foregoing paragraph, it is not permitted to use for a title of a work such title as has already been used for the same kind of work, if such title creates or is likely to create confusion as to the source of the work.

Article7Transformations of copyright works

(1) Translations, adaptations, arrangements, changes and other transformations of a pre-existing work or of other material, which are individual intellectual creations, shall be deemed independent works.

(2) Rights of authors of pre-existing works must not be infringed by transforma-tions mentioned in the foregoing paragraph.

Article8Collections

(1) Collections of works or of other material, such as encyclopaedias, antholo-gies, databases, collections of documents, etc., which, by virtue of selection,

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coordination or arrangement of their contents, are individual intellectual crea-tions, shall be deemed independent works.

(2) Rights of authors of pre-existing works shall not be infringed by the inclu-sion of such works in a collection; by the inclusion in a collection, pre-existing material does not become a protected work.

(3) Databases as mentioned in paragraph 1 are collections of independent works, data or other materials in any form, arranged in a systematic or methodi-cal way and individually accessible by electronic or other means.

(4) Protection under this Article shall not apply to computer programs used in the making or operation of electronic databases.

Article9Non-protected creations

(1) Copyright protection shall not be afforded to:

1. ideas, principles, discoveries;

2. official legislative, administrative and judicial texts;

3. folk literary and artistic creations.

(2) Translations of texts mentioned under item 2 of the foregoing paragraph shall enjoy copyright protection, unless they are published as official texts.

SectionIIIThe author

Article10A natural person

An author is a natural person who created the work.

Article11Presumption of authorship

(1) A person whose name, pseudonym or artist’s mark appears in the customary manner on the work itself or is so indicated at the time of disclosure of the work, shall be presumed the author of the work, until proved otherwise.

(2) Where the author is not known according to the foregoing paragraph, the person who published the work is presumed to be entitled to exercise the author’s rights. If this person is also not indicated, than the one who disclosed the work is so entitled.

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(3) The foregoing paragraph shall cease to apply once the author becomes known. The person entitled under the foregoing paragraph, must transfer the benefits derived from the author’s rights to the author, unless otherwise pro-vided by contract.

Article12Co-authors

(1) If the work, created in collaboration of two or more persons, constitutes an inseparable whole, all co-authors of such work shall have a joint copyright in it.

(2) Deciding on the use of such work belongs jointly to all co-authors, however, an individual co-author may not oppose to it unreasonably or in bad faith.

(3) Co-authors’ shares shall be determined in proportion to the extent of their respective contributions to the creation of the work, unless they are set other-wise by their agreement.

Article13Authors of compound works

Provision of the foregoing article shall apply mutatis mutandis, when several authors combine their works for the purpose of exploitation in common.

SectionIIICopyright

SubsectionIGeneral provisions

Article14Origin of copyright

Copyright belongs to the author by the mere fact of creation of a work.

Article15Content of copyright

Copyright is an indivisible right to a work, from which emanate exclusive per-sonal powers (moral rights), exclusive economic powers (economic rights), and other powers of the author (other rights of the author).



SubsectionIIMoral rights

Article16Content

Moral rights shall protect the author with respect to his intellectual and personal ties to the work.

Article17Right to the first disclosure

The author shall have the exclusive right to determine whether, when, and how his work is to be disclosed for the first time.

Article18Right to recognition of authorship

(1) The author shall have the exclusive right to recognition of the authorship of his work.

(2) The author may determine whether his authorship is to be indicated at the time of disclosure of his work, and with what mark.

Article19Right to integrity of the work

The author shall have the exclusive right to prohibit any distortion or any other tampering with his work, as well as any use of his work, if such tampering or use could be prejudicial to his person.

Article20Right to withdrawal

(1) The author has the exclusive right to revoke his assigned economic right from its holder, provided he has serious moral reasons for this, and on condition that he first reimburses the damage caused to the right holder by such revocation.

(2) With the exercise of the right to withdrawal, the economic right of the holder is extinguished.

(3) The author must adequately reimburse the holder. The holder must notify the author of the extent of damages suffered by him within three months of the receipt of the notice of revocation. If the holder fails to do so, the right to withdrawal takes effect on the expiration of this term.

(4) If the author later wishes to assign the economic rights in his work again, he shall be required, within the period of ten years after exercising his right to withdrawal, to offer these rights first to the previous holder, under the same conditions that were originally stipulated.

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(5) The provisions of this article do not apply to computer programs, audiovisual works and databases.

SubsectionIIIEconomic rights

Article21Content

(1) Economic rights protect the author with respect to his economic interests by giving the author an exclusive right to authorize or to prohibit the use of his work or copies of his work.

(2) Unless otherwise provided by this Act, the use of copyright work shall be lawful only if the author, in accordance with this Act, and under the conditions he has set, assigned the respective economic right.

Article22Economic rights

(1) Use of the work in material form includes in particular the right of reproduc-tion (Article 23).

(2) Use of the work in non-material form (communication to the public) includes in particular the following rights:

1. the right of public performance (Article 26);

2. the right of public transmission (Article 27);

3. the right of public communication by phonograms and videograms (Article 28);

4. the right of public presentation (Article 29);

5. the right of broadcasting (Article 30);

6. the right of rebroadcasting (Article 31);

7. the right of secondary broadcasting (Article 32);

8. the right of making available to the public (Article 32. a).

(3) Use of the work in a modified form includes in particular the following rights:

1. the right of transformation (Article 33);

2. the right of audiovisual adaptation (Article 104).

(4) Use of copies of a work includes the following rights:

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1. the right of distribution (Article 24);

2. the rental right (Article 25).

Article23Right of reproduction

(1) The reproduction right is the exclusive right to fix the work in a material medium or in another copy directly or indirectly, temporarily or permanently, by any means and in any form, in whole or in part.

(2) The work is reproduced in particular by graphic reproduction, three-di-mensional reproduction, building or carrying out of an architectural structure, photographic reproduction, sound or visual fixation, and by saving in electronic form.

Article24Right of distribution

(1) The right of distribution is the exclusive right to put into circulation the original or copies of the work by sale or other form of transfer of ownership, or to offer the same to the public with such intent.

(2) The right of distribution includes also the exclusive right to import copies of the work to a country with the intent of their further distribution, regardless whether such copies were legally made or not.

Article25Rental right

(1) The rental right is the exclusive right of making available for use the origi-nal or copies of a work, for a limited period of time, and for direct or indirect economic advantage.

(2) The foregoing paragraph shall not apply to the use of:

1. architectural structures;

2. originals or copies of works of applied art and industrial design;

3. originals or copies of works for the purpose of public communication;

4. works for on-the-spot reference;

5. works by persons acting within the scope of their employment, if such use is intended exclusively for the execution of their work related duties.

Article26Right of public performance

The right of public performance includes the exclusive rights:



1. to recite a literary work in public by live delivery (right of public recitation);

2. to communicate a musical work to the public by live performance (right of public musical performance);

3. to communicate a work to the public by performing it on a stage (right of public stage presentation).

Article27Right of public transmission

The right of public transmission is the exclusive right to relay recitations, per-formances, or presentations of a work by a loudspeaker, screen or similar device beyond the original place or location.

Article28Right of public communication by means of phonograms or

videograms

The right of public communication by means of phonograms and videograms is the exclusive right to communicate to the public the recitations, perform-ances or stage presentations of a work, which are fixed in a phonogram or videogram.

Article29Right of public presentation

The right of public presentation is the exclusive right to communicate to the public, by technical means, an audiovisual work, a photographic work, a work of fine art, a work of architecture, urban planning, applied art, industrial design, and cartography, or a presentations of scientific or technical nature.

Article30Right of broadcasting

(1) The right of broadcasting is the exclusive right to communicate a work to the public by radio or television program signals, intended to the public, either by wireless means (including satellite), or by wire (including cable or microwave system).

(2) Communication to the public by satellite, within the meaning of the foregoing paragraph, exists when under the control and responsibility of a broadcasting organization program-carrying signals intended for the public are sent in an uninterrupted chain of communication to a satellite and down to the Earth.

(3) If the program-carrying signals are encrypted, communication to the public by satellite shall be deemed to have occurred, within the meaning of the forego-

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ing paragraph, on condition that the means for decrypting are provided to the public by the broadcasting organization, or with its consent.

Article31Right of rebroadcasting

The right of rebroadcasting is the exclusive right to a simultaneous, unaltered, and unabridged communication to the public of a broadcast of a work:

1. when made by a broadcasting organization other than the initial one; or

2. when transmission is by cable or microwave system, and involves more than 100 cable connections, or if the work was initially broadcast from another state (cable retransmission).

Article32Right of secondary broadcasting

The right of secondary broadcasting is the exclusive right to communicate a broadcast work to the public by a loudspeaker, screen or similar device.

Article32aRight of making available

The right of making available is the exclusive right that a work, by wire or wire-less means, is made available to the public in such a way that members of the public may access it from a place and at a time individually chosen by them or that a work is transmitted to a member of the public based on an offer, intended for the public.

Article33Right of transformation

(1) The right of transformation is the exclusive right to translate, adapt for stage, musically arrange, alter, or otherwise transform a pre-existing work.

(2) The right mentioned in the foregoing paragraph applies also to cases where a pre-existing work is included or incorporated in a new work in unaltered form.

(3) The author of a pre-existing work retains the exclusive right to use his work in its transformed version, unless otherwise provided by this Act or by contract.



SubsectionIVOther rights of the author

Article34Right of access and of delivery

(1) The author has a right of access to the original or to a copy of his work, which is in the possession of another, if such access is necessary for the exercise of his right of reproduction or of transformation of the work, and does not adversely affect the legitimate interests of the possessor.

(2) The author may demand that the original of his work of fine art or of a photo-graphic work be delivered to him for the purpose of exhibition in the Republic of Slovenia, if he can demonstrate a prevailing interest.

(3) Delivery of the original, according to the foregoing paragraph, may be condi-tioned upon posting of sufficient security or upon acquiring insurance coverage in the amount of market value of the original.

(4) The author must effect the access and exhibition with the least inconven-ience to the possessor, and at his own expense. The author is strictly liable for any damage to the original or copy of the work.

Article35Resale right

(1) Where an original of a work of fine art is resold, subsequent to the first transfer of the work by the author, the author has the right to be notified, as well as the right to a remuneration set out in this Article, provided that sellers, buyers or intermediaries are art market professionals, such as salesrooms, art galleries and auction houses.

(2) Obligations referred to in paragraph 1 shall be joint obligation of the seller, buyer and intermediary.

(3) “Originals of works of fine art” referred to in paragraph 1 shall mean original works of fine art, such as paintings, collages, drawings, engravings, prints, pho-tographs, sculptures, tapestries, ceramics, glassware and the like, that are made by the artist himself, or are copies of such works considered to be originals. Copies of works shall be considered to be originals insofar as they have been made in limited numbers by the artist himself or under his authority, and have normally been numbered and signed by the artist.

(4) The resale right remuneration shall be set as a percentage of the retail price of the original (net of tax).



(5) The remuneration referred to in paragraph 4, which may not exceed EUR 12 500, shall be:

1. 4% for the price up to EUR 50 000;

2. 3% for the portion of the price from EUR 50 000,01 to EUR 200 000;

3. 1% for the portion of the price from EUR 200 000,01 to EUR 350 000;

4. 0,5% for the portion of the price from EUR 350 000,01 to EUR 500 000;

5. 0,25% for the portion of the price exceeding EUR 500 000.

(6) Resale right may not be waived or assigned during the life of the author, and is not subject to execution.

Article36Public lending right

(1) Public lending right is the right to equitable remuneration according to Libraries Act (Official Gazette RS No. 87/01), when the original or a copy of a work is made available for use, for a limited period of time, without direct or indirect economic advantage, and if done through organisations performing such activity as public service.

(2) The foregoing paragraph shall not apply to the use of:

1. originals or copies of library material in the national library, school and aca-demic libraries and special libraries;

2. architectural structures;

3. originals or copies of works of applied art and industrial design;

4. originals or copies of works for the purpose of public communication;

5. works, for on-the-spot reference, or for lending among organisations;

6. works, by persons acting within the scope of their employment, if such use is intended exclusively for the execution of their work related duties.

(3) Lending of originals or copies of computer programs and databases to the public is the exclusive right of their author.

Article37Right to remuneration

(1) The author has a right to fair remuneration for making a sound or visual fixation, and for photocopying of his work, done within the scope of private or other internal use, under Article 50 of this Act.



(2) Remuneration under the foregoing paragraph with respect to sound or visual fixation shall be paid:

1. upon the first sale or importation of new appliances for sound or visual fixa-tion, and

2. upon the first sale or importation of new blank audio or video fixation me-diums.

(3) Remuneration under paragraph (1) of this Article, with respect to photocopy-ing shall be paid:

1. upon the first sale or importation of new appliances for photocopying, and

2. upon photocopies made for sale, i.e. monthly on their probable number.

(4) For the purposes of this Act import shall be considered as the release of goods into free circulation in accordance with customs regulations of the Eu-ropean Community, and as each admission to the territory of the Republic of Slovenia from other EU Member States.

(5) For the purposes of this Article, the term photocopying includes other similar reproduction techniques, to the term appliances for sound or visual fixation other appliances, which enable getting the same effect, are assimilated.

(6) The right to remuneration under paragraph (1) of this Article may not be waived, assigned during the life of the author, and is not subject to execu-tion.

Article38Persons liable

(1) Persons liable to pay remuneration under the foregoing Article are: manufac-turers of appliances for sound or visual reproduction; manufacturers of appli-ances for photocopying; manufacturers of blank audio or video fixation media; and holders of appliances who are offering photocopying services against pay-ment. Jointly liable with manufacturers are importers of appliances and fixation media, unless such imports are intended for private and non-commercial use, as part of their personal luggage. (de minimis imports)

(2) Manufacturers mentioned in the foregoing paragraph are not liable to pay remuneration with respect to such appliances or fixation media which are made for exportation.

(3) The persons mentioned in paragraph (1) of this Article shall not be persons liable to pay remuneration for such appliances or fixation media which they have sold or imported for the first time for the purposes of:



1. commercial reproduction of authors’ works for which the authorization of the right holders should be obtained, or

2. reproduction of authors’ works for the benefit of disabled persons, when it is directly related to their disability.

(4) Persons mentioned in paragraph (1) of this Article shall, on request of a collecting society, at the end of each quarter submit information about the type and number of sold or imported appliances and media, mentioned in the foregoing Article, as well as such information about the photocopies sold, as is necessary for the calculation of the remuneration due. The collecting so-ciety may only use the information obtained for the purpose for which it was provided, and shall not disclose it to unauthorized persons.

Article39Amount of remuneration

(1) The amounts of remuneration for private and other internal reproduction which belong collectively to all persons entitled under this Act shall be set by the Government of the Republic of Slovenia.

(2) The amounts mentioned in the foregoing paragraph shall be set separately: for each appliance for sound fixation and each appliance for visual fixation; for each fixation appliance which due to its design, does not require separate me-diums for its operation (double the amount); for each sound and visual fixation medium depending on the possible duration of the fixation; for each appliance for photocopying, depending on its capability (number of copies per minute), and its capacity to make colour copies (double the amount of black-and-white copying); as well as for each photocopy made for sale.

SubsectionVRelationship between copyright and ownership

Article40General provision

The copyright is independent from and compatible with ownership or other property rights in any material object in which the copyright work is embodied, unless otherwise provided by law.

Article41Separateness of transfers

(1) The transfer of single economic rights or of other rights of the author with respect to his work, does not affect the ownership of the material object in which the work is embodied, unless otherwise provided by law or contract.

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(2) The transfer of ownership in the material object in which the work is embod-ied does not affect single economic rights or other rights of the author with respect to his work, unless otherwise provided by law or contract.

Article42Community property of spouses

Only economic benefits deriving from the exploitation of copyright shall be a part of the community property of spouses.

Article43Exhaustion of the right of distribution

The right of distribution shall be exhausted within the European Union in re-spect of the original or copies of the work with the first sale or other transfer of ownership in the European Union of that object by the author or with his consent.

Article44Limitation to the right of transformation

(1) The owner of a work of architecture which has been executed shall be free to make reconstructions thereof.

(2) When implementing the provision of paragraph 1, the owner must respect the author’s right to integrity of the work.

(3) Where a work of architecture has been awarded a prize in an open contest, the owner must obtain the consent of the author. The consent shall not in-volve disproportionate costs for the owner or considerably prolong the time of reconstruction.

Article45Protection of the original of the work

(1) The owner of an original of a work, who according to the circumstances of the case, should presume that the author has a justifiable interest in its pres-ervation, shall not destroy such original, before offering it to the author at the cost of material.

(2) If the return is not possible, the owner shall allow the author to make a copy of the work, in an appropriate manner.

(3) In case of an architectural structure, the author has only the right to make photographs of the work and to demand the delivery of the reproductions of designs at his own expense.



SectionIVLimitations on copyright


Limitations on copyright are permissible in cases mentioned in this Section, provided that the extent of such exploitation of copyright works is limited by the intended purpose, is compatible with fair practice, does not conflict with normal use of the work, and does not unreasonably prejudice the legitimate interests of the author.

SubsectionILegal licenses

Article47Teaching and periodicals

(1) Without the assignment of a respective economic right, but on payment of equitable remuneration, it shall be lawful:

1. to reproduce in readers and textbooks intended for teaching, parts of works, as well as single works of photography, fine arts, architecture, applied art, in-dustrial design and cartography, provided these are already disclosed works of a number of authors;

2. to reproduce in periodical publications articles on current topics of general interest published in other periodicals, unless the author expressly prohibited it.

(2) Provisions of the foregoing paragraph apply accordingly to public com-munication of the works mentioned therein.

(3) In cases stated in the foregoing paragraphs, the source and authorship of the work must be indicated, if the latter is indicated on the work used.

Article47aPeople with a disability

Without the assignment of a respective economic right, but on payment of eq-uitable remuneration, it shall be lawful to reproduce or distribute works for the benefit of people with a disability, provided that the work used is not available in the desired form, that the use is directly related to the disability and limited to its extent and is not for direct or indirect economic advantage.



SubsectionIIFree use

Article48Right to information

(1) In order to have free access to information of public nature it shall be free:

1. to reproduce works, which are capable of being seen or heard as a part of a current event that is being reported on;

2. to prepare and reproduce abstracts of published newspaper and similar ar-ticles in the form of press reviews;

3. to reproduce public political speeches and public speeches made at hearings before state, religious or similar bodies;

4. to use the news of the day, which have the nature of a press release.

(2) Provisions of the foregoing paragraph apply mutatis mutandis to public com-munications of the works mentioned therein.

(3) In cases stated in the foregoing paragraphs, the source and authorship of the work must be indicated, if the latter is indicated on the work used.

Article49Teaching

(1) For the purpose of teaching it shall be permissible to:

1. publicly perform a disclosed work in the form of direct teaching;

2. publicly perform a disclosed work at school events with free admission, on condition that the performers receive no payment for their performance;

3. rebroadcast a radio or television school broadcast.

(2) In cases stated in the foregoing paragraph, the source and authorship of the work must be indicated, if the latter indicated on the work used.

Article49aTemporary reproduction

Temporary acts of reproduction which are transient or incidental and an integral and essential part of a technological process and whose sole purpose is to en-able a transmission in a network between third parties by an intermediary, or a lawful use of a work, and which have no independent economic significance, shall be free.

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Article50Private and other internal reproduction

(1) Subject to Article 37, the reproduction of a disclosed work shall be free, if made in no more than three copies and provided that the conditions of para-graphs 2 or 3 are fulfilled.

(2) A natural person shall be free to reproduce works:

1. on paper or any similar medium by the use of a photographic technique or by some other process having similar effects; and

2. on any other medium if this is done for private use, if the copies are not available to the public, and if this is not done for direct or indirect economic advantage.

(3) Publicly accessible archives and libraries, museums and educational or sci-entific establishments shall be free to reproduce, on any medium, works from their own copies for internal use, provided that this is not done for direct or indirect economic advantage.

(4) Reproduction according to the foregoing paragraphs shall not permitted with respect to written works to the extent of the whole book, graphic edi-tions of musical works, electronic databases and computer programs, and in the form of building of architectural structures, unless otherwise provided by this Act or by contract.

(5) Notwithstanding paragraph 4, it shall be permissible, under the conditions of paragraph 1:

1. to reproduce a written work to the extent of the whole book, if such work is out of print for a minimum of two years;

2. to reproduce a graphic edition of musical work by means of handwritten transcription.

Article51Quotations

(1) It shall be permissible to make quotations of parts of a disclosed work and of single disclosed photographs, works of fine arts, architecture, applied art, industrial design and cartography, provided it is necessary for the purpose of illustration, argumentation or referral.

(2) In cases stated in the foregoing paragraph, the source and authorship of the work must be indicated, if the latter is indicated on the work used.



Article52Accessory works of secondary importance

Such disclosed works that may be regarded as accessory works of secondary importance with regard to the actual purpose of some material object, may be used freely while exploiting such object.

Article53Free transformations

Transformation of a disclosed work is permissible:

1. if it is a private or other internal transformation, which is not intended for, and not available to the public;

2. if the work is transformed into a parody or caricature, provided this does not, or is not likely to, create confusion as to the source of the work;

3. if the transformation is dictated by the purpose of the permitted use;

4. if the transformation is done in connection with permitted use and the au-thor’s objection to such transformation is unreasonable or in bad faith.

Article53aDatabases

(1) A lawful user of a disclosed database or of a copy thereof may freely repro-duce or alter that database, if this is necessary for the purposes of access to its contents and the normal use of those contents. Where the user is authorized only to a part of the database, this provision shall apply only to that part.

(2) Any contractual provision contrary to the preceding paragraph shall be null and void.

Article54Public exhibition or sale of artistic works

(1) The organiser of a public exhibition or sale of artistic works shall be free to use such works to the extent necessary to promote the event, provided that this is not done for direct or indirect economic advantage.

(2) In cases referred to in paragraph 1, the source and authorship of the work shall be indicated if the latter is indicated on the work used.

Article55Works located in generally accessible premises

(1) Works permanently placed in parks, streets, squares, or other generally ac-cessible premises may be used freely.

(2) Works mentioned in the foregoing paragraph may not be reproduced in a three-dimensional form, used for the same purpose as the original work, or used for economic gain.



(3) In cases stated in paragraph (1) of this Article, the source and authorship of the work must be indicated, if the latter is indicated on the work used.

Article56Official proceedings

The use of works shall be free if this is indispensable, in certain concrete cases, for the performance of tasks relating to public security or the performance of any official proceedings, such as proceedings in the National Assembly or National Council of the Republic of Slovenia, or judicial, administrative or arbi-trary proceedings.

Article57Testing of equipment

Workshops and shops that manufacture or sell phonograms, videograms, equipment for their reproduction or public communication and equipment for reception of broadcasts, may, in order to test their functioning at the time of manufacture or sale, freely reproduce and publicly communicate works, pro-vided this is done only to the extent necessary for the purpose of testing.

SectionVLimitations on the duration of copyright

Article58Effect of the lapse of time

On the expiration of the terms of protection of copyright, as set forth in this Section, the work ceases to enjoy copyright protection.


The copyright shall run for the life of the author and for 70 years after his death, unless otherwise provided by this Act.

Article60Co-authors

If the work was created by a number of authors, the term of protection men-tioned in the foregoing Article, shall be calculated from the death of the last surviving co-author.

Article61Anonymous and pseudonymous works

(1) Copyright in anonymous and pseudonymous works shall run for 70 years after the lawful disclosure of the work.



(2) When the pseudonym leaves no doubt as to the identity of the author, or if the author discloses his identity during the period referred to in the foregoing para-graph, the term of protection shall be that laid down in Article 59 of this Act.

Article62Collective works

In case of collective works, the copyright shall run for 70 years after the lawful disclosure of the work.

Article63Special term for certain undisclosed works

When the term of protection under this Act does not run from the death of the author or authors, and the work was not lawfully disclosed within 70 years from its creation, the copyright shall terminate with the expiration of this term.

Article64Serial works

When, according to this Act, the term of protection is calculated from the day of lawful disclosure of the work, and the work is disclosed over a period of time in volumes, parts, sequels, issues, or series, the term of protection shall be calculated for each of these components separately.

Article65Collections

(1) Insubstantial changes to the selection, adjustment or arrangement of the contents of a collection shall not extend the term of protection in that collec-tion.

(2) “Insubstantial changes”, within the meaning of the foregoing paragraph, are additions, deletions, or alterations to the selection or arrangement of the contents of a collection, which are necessary in order that this collection may continue to function in the way it was intended by its author.

Article66The right of withdrawal

The right of withdrawal shall run for the life of the author.

Article67Calculation of terms

The terms of protection laid down in this Section shall be calculated from the first day of January of the year following the year in which the event which gives rise to them has occurred.



ChapterIIITRANSFER OF COPYRIGHT

SectionIGeneral provisions

Article68Succession

Copyright as a whole, with the exception of the right to withdrawal, is subject to succession.

Article69Non-transferability of copyright as a whole

Copyright as a whole cannot be transferred.

Article70Assignment of single rights

(1) An author may not assign his moral rights to other persons.

(2) An author may assign to other persons single economic rights and other rights of the author, either by contract or by another legal transaction recog-nized in law, unless otherwise provided by this Act.

Article71Execution

(1) Copyright, unfinished works and undisclosed originals are not subject to execution.

(2) Only economic benefits deriving from copyright may be subject to execu-tion.

Article72Legal capacity

(1) Rights recognized by this Act to the author, including the right to seek legal redress, belong to another right holder to the extent in which they are assigned to him by law or by legal transaction, unless otherwise provided by this Act.

(2) Collecting societies referred to in this Act, trade union organisations and professional associations established for the protection of copyright and related rights shall also have legal capacity to enforce protection of their members’ rights under this Act before courts and other bodies. They shall render account of all procedures to the members concerned.


Chapter III TRANSFER OF COPYRIGHT

SectionIIGeneral part of copyright contract law

Article73Scope of assignment

An assignment of single economic rights or other single rights of the author may be limited as to the extent, territory, or time.

Article74Exclusive and non-exclusive assignment

(1) A non-exclusive assignment gives an assignee the right to exploit the work according to the terms of the assignment and in competition with both the author and other assignees.

(2) An exclusive assignment gives an assignee the right to exploit the work according to the terms of the assignment and to the exclusion of the author and any other person.

(3) Non-exclusive assignment made prior to a subsequent exclusive assign-ment is valid and effective as to the assignee of the exclusive rights, unless otherwise provided by the agreement between the author and the assignee of the non-exclusive rights.

Article75Presumptions as to the scope of assignment

(1) Unless otherwise provided by law or contract, it shall be presumed that rights are assigned non-exclusively, that the assignment is territorially limited to the Republic of Slovenia, and that the assignment is limited in its duration to the term customary for this category of works.

(2) If it is not specified which single rights are assigned, or to what extent a single right is assigned, it shall be presumed that only such rights, and only to such extent are assigned, as is essentially for the achievement of the intentions of the contract.

Article76The rule of separate assignments

(1) An assignment of a single economic right or other single right of the author has no effect on the assignment of his other rights, unless otherwise provided by this Act or by contract.

(2) An assignment of the right of reproduction of the work (Article 23), does not include the assignment of the right of its saving in electronic form, or the right to its sound or visual fixation, unless otherwise provided by law or contract.



(3) An assignment of the right of distribution of copies of a work (Article 24), does not include the assignment of the right of importation of such copies, unless otherwise provided by law or by contract.

(4) When the right of rental of phonograms or videograms containing a copy-right work is assigned (Article 25), the author retains the right to an equitable remuneration for each such rental. An author cannot waive this right.

Article77Presumptions of joint assignment

(1) In case of assignment of the right of reproduction of the work (Article 23), it shall be presumed that the right of distribution of copies of such work (Article 24), has been also assigned, with the exception of the right of importation, un-less otherwise provided by contract.

(2) In case of assignment of the right of broadcasting (Article 30), it shall be presumed that the broadcasting organization also acquired the right:

1. to make fixations of the work, on condition that the broadcasting organization makes such fixations with its own facilities and for its own broadcasts, that it broadcasts them only once, and that it destroys such fixations no later that one month after the broadcast (ephemeral fixations); and

2. to deliver ephemeral fixations to a public archive if such fixations have excep-tional documentary value. The broadcasting organization must immediately notify the author about this.

Article78Subsequent assignments

(1) An assignee to whom an economic right or other author’s right has been assigned, may not, without the consent of the author, further assign this right to a third party, unless otherwise provided by contract.

(2) Consent, mentioned in the foregoing paragraph, is not required where subsequent assignment of the right is effected in consequence of corporate changes, bankruptcy or liquidation of the assignee.

(3) Where subsequent assignment is allowed without the author’s consent ei-ther by law or by contract, the initial and subsequent assignees are jointly liable to the author for his claims.

Article79Nullity

Any contractual stipulation shall be considered null and void, if the author un-dertakes to assign with it:

1. copyright in its entirety;



2. moral rights;

3. economic rights with respect to all his future works;

4. economic rights with respect to yet unknown means of use of his work.

Article80Formality

(1) All assignments of economic rights or other author’s rights, and all authoriza-tions must be in writing, unless otherwise provided by law.

(2) In case of noncompliance with the formality, required in the foregoing para-graph, all controversial or unclear stipulations shall be interpreted in favour of the author.

Article81Royalty and remuneration

(1) Where royalty or remuneration was not determined, it shall be determined by taking into account the usual fees for a particular category of works, the scope and duration of exploitation, and other circumstances of the case.

(2) Where the profit derived from the exploitation of the work is in manifest disproportion to the agreed upon or determined royalty or remuneration, the author may demand that the contract be revised, so that a more equitable share of the revenues is provided for him.

(3) An author cannot waive the right mentioned in the foregoing paragraph.

Article82Accounting

(1) Where the royalty or remuneration is agreed to, or determined in propor-tion to the revenues derived from the exploitation of the work, the user of the work must keep the books or other documentation necessary to determine the amount of such revenues.

(2) The user of the work shall allow the author to inspect the documentary evidence mentioned in the foregoing paragraph, and shall send him adequate reports on the revenues, both at usual intervals and to the necessary extent.

Article83Revocation of economic right

(1) An author may revoke an assigned economic right, in case its exclusive holder exploits such right to insufficient extent or not at all, and the author’s valid in-terests are considerably adversely affected thereby. Author cannot revoke the right, if the reasons for non-exploitation or insufficient exploitation originate preponderantly from his sphere.



(2) The revocation mentioned in the foregoing paragraph cannot be effected before the expiration of two years from the time of assignment of the economic right to a work. In case of contributions to daily newspapers, this term shall be three months, and in case of other periodical publications, the term shall be one year.

(3) An author may exercise his revocation, according to this Article, only after first giving the holder adequate additional time to comply with the demand for sufficient exploitation.

(4) With the exercise of revocation, the economic right of the holder shall be extinguished.

(5) Author cannot waive the right of revocation, as provided by this Article.

(6) If equity so requires, the author must adequately indemnify the holder.

Article84Authors’ collective agreements

Organizations of authors of individual categories of works and the users of such works or their associations may in accordance with this Act:

1. lay down general rules for the use of copyright works;

2. conclude tariff agreements.

SectionIIISpecial part of copyright contract law

SubsectionIPublishing contract

Article85Definition

(1) By a publishing contract the author undertakes to assign to the publisher the right of reproduction of his work in the form of printing, and the right to distrib-ute the copies of the work, while the publisher undertakes to pay the author an agreed upon remuneration, and to reproduce and distribute the work.

(2) A publishing contract with respect to a certain work may also include the agreement on a club edition, pocket-book edition, periodical edition in instal-ments, the assignment of the right of translation, etc.



Article86Rights of an agent

An author’s agent may conclude a publishing contract only for such works as are expressly mentioned in his power of attorney.

Article87Contents of the contract

(1) The publishing contract shall specify, in particular, the type of assignment of rights, the scope and duration of the assignment of rights, territorial limitations of rights, the time limit within which the publisher is required to publish the work, and the amount of remuneration to be paid to the author.

(2) If the royalties are fixed as a percentage of the retail price of the copies sold, the publishing contract must specify the minimum number of such copies of the first edition. Such provision is not necessary, if the contract provides for minimum royalties, which the publisher should pay to the author regardless of the actual number of copies sold.

(3) If the royalties are set as a lump sum, the publishing contract must specify the total number of copies to be printed. If this number is not specified, and unless otherwise indicated by the purpose of the contract, standard terms, or general usage, the publisher may reproduce and distribute a maximum of 500 copies of the work.

Article88Presumption of exclusivity of assignment

(1) During the period of validity of the publishing contract, the author may not assign the right of reproduction and the right of distribution of the work in the same language to a third party, unless otherwise provided by contract.

(2) The right of reproduction and distribution of newspaper articles may be assigned by the author simultaneously to several users, unless otherwise pro-vided by contract.

Article89Publisher’s priority right

(1) The publisher who has acquired the right to publish the work in a book form has, among equal offerees, the priority right to publish the work in electronic form.

(2) The priority right, mentioned in the foregoing paragraph, shall run for the period of three years from the agreed upon date of publication of the work. Publisher must give written notice within 30 days of the acceptance of author’s written offer.



Article90Improvements of the work

Unless otherwise provided by contract, the publisher shall be required to allow the author to make improvements or other alterations to his work when new editions are prepared, provided this does not involve excessive costs to the publisher and does not alter the character of the work.

Article91Destruction of work by force majeure

(1) Where the work is destroyed by force majeure after its delivery to the pub-lisher, the author is entitled to the remuneration that would have been due to him if the work had been published.

(2) When a prepared edition is completely destroyed by force majeure before it was put into circulation, the publisher is entitled to prepare a new edition, and the author shall have the right to remuneration only for the destroyed edition.

(3) When a prepared edition is partially destroyed by force majeure before it was put into circulation, the publisher is entitled to reproduce, without payment of remuneration to the author, only such number of copies as were destroyed.

Article92Termination of contract

(1) The publishing contract shall terminate:

1. if the author dies before the completion of the work;

2. if the copies of all agreed upon editions are sold out;

3. if the term of the contract has expired;

4. in other cases provided for by law or contract.

(2) The author may rescind the publishing contract if the publisher, after an edition is sold out, does not proceed to publish a new agreed upon edition within three years of the date when the author requested it, unless otherwise provided by contract.

(3) An edition shall be considered sold out, within the meaning of the foregoing paragraphs, if the number of unsold copies is under 5% of the total edition, and in any case, if the number is less than 100 copies.

(4) If the publisher does not publish the work within the stipulated time limit, the author may rescind the contract and claim damages, in addition to the right to keep the remuneration received, or to demand payment of stipulated remuneration, as the case may be.



(5) If the time limit for publication of the work is not stipulated in the contract, the publisher shall be required to publish the work within reasonable time, but not later than one year from the date of the delivery of the work.

Article93Exception to the formality requirement

Provisions of this Act, requiring a copyright contract to be made in writing, shall not apply to the contract for the publication of articles, drawings or notes in newspapers, magazines, and other periodicals.

Article94Destruction of copies

(1) If the publisher intends to dispose of the unsold copies of the work for pulp-ing within the period of three years from the agreed upon date of publication of the work, unless longer period is provided by publishing contract, he should first offer them to the author, at the price he would have obtained if copies were sold for pulping.

(2) If the author does not purchase the offered copies or purchases only part of them, the publisher may sell the remaining copies for pulping.

SubsectionIIPerformance contract

Article95Definition

By a contract of performance, an author undertakes to assign to the user the right of public recitation, public performance or public staging of his work, while the user undertakes to pay to the author the agreed upon remuneration and to recite, perform or stage the work.

Article96Content of contract

The performance contract shall specify, in particular, the type of assignment of rights, the scope and duration of the assignment of rights, territorial limitations of rights, time limit within which the work is to be performed, and the amount of remuneration to be paid to the author.

Article97Obligations of the user

The user shall be required to allow the author to inspect the performance of the work, to provide for adequate technical conditions under which the



work can be performed, and to send to the author the playbill, other printed materials, and public reviews of the performance, unless otherwise provided by contract.

Article98Rescission of contract

If the user does not perform the work within the stipulated time, the author may rescind the contract and claim damages, in addition to the right to keep the remuneration received or to demand payment of stipulated remuneration.

SubsectionIIIContract for a copyright work made for hire

Article99Copyright works made for hire

(1) By a contract for a copyright work made for hire, an author undertakes to create a certain work and deliver it to the person ordering it, while the latter undertakes to pay a fee to the author.

(2) The person ordering the work may supervise the process and give instruc-tions, unless he is thereby interfering with the author’s freedom of scientific or artistic expression.

(3) The author retains the copyright to a work for hire, with the exception of the right of distribution, unless otherwise provided by this Act or by contract.

(4) To the contract for a copyright work made for hire, provisions concerning works contracts shall apply, unless otherwise provided by this Act.

Article100Collective copyright work

(1) Collective copyright work is a work created on the initiative and under the organization of a natural person or a legal entity ordering it, by the collaboration of a large number of co-authors, which is published and used under the name of the person ordering it (e.g. encyclopaedias, anthologies).

(2) A special contract must be concluded for the purpose of creating a collec-tive work. If the conditions mentioned in the foregoing paragraph are not met, such contract is null and void.

(3) It shall be deemed that the economic rights and other rights of the authors to a collective work are exclusively and without limitations assigned to the person ordering the work, unless otherwise provided by contract.



SubsectionIVEmployment

Article101Copyright work created in the course of employment

(1) When copyright work is created by an employee in the execution of his duties or following the instructions given by his employer (copyright work created in the course of employment), it shall be deemed that the economic rights and other rights of the author to such work are exclusively assigned to the employer for the period of ten years from the completion of the work, unless otherwise provided by contract.

(2) On the expiration of the term mentioned in the foregoing paragraph, the rights mentioned in the foregoing paragraph revert to the employee, however, the employer can claim a new exclusive assignment of these rights, for adequate remuneration.

Article102Special rights

Irrespective of the provisions of the foregoing Article:

1. an employee retains the exclusive right to use a work, created in the course of employment, as part of his collected works;

2. it shall be deemed that economic rights and other rights of the author to a database and to a collective work, are assigned exclusively and without limita-tions to the employer, unless otherwise provided by contract.

ChapterIVSPECIAL PROVISIONS FOR COPYRIGHT WORKS

SectionIAudiovisual works

Article103Definition

Audiovisual works according to this Act, are cinematographic films, television films, animated films, short music-videos, advertising films, documentaries and other audiovisual works, expressed by means of sequence of related moving images, with or without incorporated sound, irrespective of the nature of the medium in which the said works are embodied.


Chapter IV SPECIAL PROVISIONS FOR COPYRIGHT WORKS

Article104The right of audiovisual adaptation

(1) The right of audiovisual adaptation is the exclusive right to transform or include a pre-existing work in an audiovisual work.

(2) It shall be deemed that, by making a contract of audiovisual adaptation, the author of a pre-existing work had assigned to the film producer, exclusively and without limitations, the right of transformation and inclusion of the pre-existing work in an audiovisual work, his economic rights and other rights of the author in this audiovisual work, its translations, its audiovisual transformations and to photographs made in connection with the production of the audiovisual work, unless otherwise provided by contract.

(3) Regardless of the provisions of the foregoing paragraph, the author of a pre-existing work shall retain:

1. the exclusive right to further transformation of the audiovisual work into another artistic form;

2. the exclusive right to a new audiovisual adaptation of the pre-existing work, however, only after the expiry of ten years from the making of the contract mentioned in the above paragraph;

3. the right to claim equitable remuneration from the film producer for each rental of videograms of an audiovisual work.

(4) Author of a pre-existing work cannot waive the rights mentioned in the foregoing paragraph.

Article105Co-authors of an audiovisual work

(1) As co-authors of an audiovisual work shall be considered:

1. the author of the adaptation,

2. the author of the screenplay,

3. the author of the dialogue,

4. the director of photography,

5. the principal director,

6. the composer of music specifically created for use in the audiovisual work.

(2) If animation represents an essential element of the audiovisual work, the principal animator shall be considered as co-author of that work.



Article106Authors of contributions to audiovisual work

An animator and a composer of film music, who are not considered co-au-thors of an audiovisual work within the meaning of the foregoing Article, a scenographer, a costumographer, a make-up artist, and an editor, shall all have authors’ rights with respect to their individual contributions to an audiovisual work (authors of contributions).

Article107Film production contract

(1) The relationships between the film producer and the authors of an audio-visual work and authors of contributions, as well as the relationships between the authors themselves, shall be regulated by contract of film production, which according to this Act, shall be made in writing.

(2) It shall be deemed that co-authors, by making a film production contract, have assigned to the film producer, exclusively and without limitations, all their economic rights and other rights of the author to an audiovisual work, its trans-lation, its audiovisual transformations, and photographs made in connection with this work, unless otherwise provided by contract.

(3) It shall be deemed that, by making a film production contract, authors of contributions have assigned to the film producer, exclusively and without limi-tations, the right to use their contributions for the purpose of completion of the audiovisual work.

(4) Regardless of the provisions of the foregoing paragraphs:

1. the co-authors retain the exclusive right to further transformation of an au-diovisual work into another artistic form;

2. the authors of contributions retain the right to use separately their contribu-tions to an audiovisual work, unless the rights of the film producer are prejudiced thereby;

3. the co-authors retain the right to claim equitable remuneration from the film producer for each rental of videograms of an audiovisual work.

(5) Co-authors and authors of contributions cannot waive the rights mentioned in the foregoing paragraph.

Article108Royalty

(1) Co-authors of an audiovisual work are entitled to a remuneration separately for each assigned economic right or other right of the author.



(2) Film producer must at least once a year send to the co-authors of an audio-visual work a report on the revenues, separately for each authorized form of exploitation of the work.

Article109Completion of an audiovisual work

(1) An audiovisual work shall be deemed completed when, according to the agreement between the principal director and the film producer, the first stand-ard copy of a work, which is the subject matter of the contract, is finished.

(2) The master of the copy mentioned in the above paragraph must not be destroyed.

(3) Any changes to the copy of the audiovisual work, mentioned in paragraph (1) of this Article, shall be permissible only after previous agreement between the film producer and the principal director has been reached.

(4) When any of the co-authors refuses to complete his contribution to the audiovisual work or if he is unable to do so owing to force majeure, he may not object to the use of his contribution already made for the purpose of completion of such work. Such author shall have respective rights as to the contribution he has already made.

Article110Rescission of contract

(1) If a film producer does not complete the audiovisual work within five years from the making of the film production contract, or if he does not distribute the completed audiovisual work within one year from the time of its completion, the co-authors may demand that the contract be rescinded, unless different term was stipulated in the contract.

(2) In the case mentioned in the foregoing paragraph, co-authors and authors of contributions retain the right to remuneration.

SectionIIComputer programs


(1) Computer programs, within the meaning of this Act, are programs expressed in any form, including preparatory design materials for their creation.

(2) Ideas and principles, which underlie any element of a computer program, including those which underlie its interfaces, are not protected.

(3) Computer programs shall be protected if they are individual works, in the sense that they are their author’s own intellectual creations.



Article112Employment and works made for hire

Where a computer program is created by an employee in the execution of his duties or following the instructions given by his employer, or where it is cre-ated by an author under a contract for a work made for hire, it shall be deemed that the economic rights and other rights of the author to such program are assigned to the employer or person ordering the work, exclusively and without limitations, unless otherwise provided by contract.

Article113Rights of the author

(1) Unless otherwise provided in Articles 114 and 115 of this Act, the author of a computer program shall have the exclusive right, in particular:

1. to make permanent or temporary reproductions of a computer program by any means and in any form, in part or in whole. Insofar as loading, displaying, running, transmission or storage of the computer program necessitate its re-production, the author’s permission shall be necessary for such acts;

2. to make translations, adaptations, arrangements and any other alterations of a computer program and the reproduction of the results thereof, without prejudice to the rights of the person who alters the program;

3. to distribute the original of the computer program or copies thereof in any form, including its rental.

(2) The author may assign the rights mentioned in the foregoing paragraph to third persons also with a license agreement.

Article114Limitations of the scope of author’s rights

(1) Unless otherwise provided by contract, the acts referred to under items 1 an 2 of the foregoing Article, including error corrections, may be done by the lawful acquirer of the program without the authorization of the author, if they are necessary for the use of the computer program in accordance with its intended purpose.

(2) A person having the right to use a computer program may, without the authorization by the author, make a maximum of two back-up copies of it, if that is necessary for its use.

(3) A person having the right to use a copy of a computer program shall be entitled, without the authorization by the author, to observe, study or test the functioning of a program in order to determine the ideas and principles that underlie any element of the program, if he does so while performing any of



the acts of loading, displaying, running, transmitting or storing the program which he is entitled to do.

(4) Provisions of this Act, relating to the right of withdrawal (Article 20), and to the private or other personal use (Articles 37 to 39, and Article 50), do not apply to computer programs. Computer programs may not be lent publicly (Article 36), unless otherwise provided by a contract between the author and the user.

(5) Contractual stipulations contrary to the provisions of paragraphs (2) and (3) of this Article, shall be null and void.

Article115Decompilation

(1) Reproduction of the code and translation of its form, within the meaning of items 1 and 2 of Article 113 of this Act, shall not require the authorization of the author, where such reproduction or translation is indispensable to obtain the information necessary to achieve the interoperability of an independently created computer program with other programs, or with hardware, provided that the following conditions are met:

1. that these acts are performed by the licensee or by another authorized user, or on their behalf, by a person authorized to do so;

2. that the information necessary to achieve interoperability has not been previ-ously readily available to the persons referred to in foregoing item;

3. that these acts are confined only to those parts of the pre-existing program which are necessary to achieve interoperability.

(2) The information obtained through the application of the foregoing para-graph may not be:

1. used for goals other than to achieve the interoperability of the independently created computer program;

2. given to others, except when necessary for the interoperability of the inde-pendently created computer program;

3. used for the development, production or marketing of another computer program substantially similar in its expression, or for any other act that infringes copyright.

(3) The provisions of this Article may not be interpreted in such way as to allow its application to be used in a manner that unreasonably prejudices legitimate in-terests of the author or conflicts with a normal use of the computer program.

(4) Contractual stipulations contrary to the provision of this Article shall be null and void.



Article116Special measures of protection

As infringements of copyright in a computer program shall be deemed the following acts of a person:

1. any distribution of a copy of a computer program, knowing or having reason to believe, that it is an infringing copy; or

2. the possession, for commercial purposes, of a copy of a computer program, knowing or having reason to believe, that it is an infringing copy.

Article117Application of other legal provisions

The provisions of this Subsection shall be without prejudice to any other legal provisions on computer programs, such as those concerning patents, trade-marks, unfair competition, trade secrets, protection of semi-conductor products or the law of contract.

ChapterVRELATED RIGHTS

SectionIRights of performers


(1) “Performers” are actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret, or otherwise perform copyright works or expressions of folklore.

(2) As performers within the meaning of the above paragraph, shall be deemed directors of theatrical presentations, conductors of orchestras, choir directors, sound editors, and variety and circus artists.

Article119Representative of a group of performers

(1) Performers who collectively take part in a performance, such as members of an orchestra, choir, dancing troupe, theatrical group or other similar ensemble, shall designate one of their members to be their representative for the grant of authorizations necessary for the performance.


Chapter V RELATED RIGHTS

(2) To take effect, such power of attorney shall be in writing and shall require the majority consent of all members of the ensemble.

(3) Provisions of the above two paragraphs shall not apply to conductors, solo-ists, and directors of theatrical performances.

Article120Moral rights of performers

(1) The exclusive right of performers to have their name or other designation mentioned in connection with the performance shall be enjoyed:

1. where the performances are given by solo performers - to such perform-ers;

2. where performances are given by ensembles of performers - to such ensem-ble as a whole, to the artistic director, and to the soloists.

(2) Performers have the exclusive right to object to any distortion and any other tampering with respect to their performance, as well as any use of their perform-ance if such tampering or use could be prejudicial to their person.

Article121Economic rights of performers

Performers shall have the exclusive right:

1. to fix their live performance;

2. to reproduce the phonograms or videograms containing their perform-ance;

3. to publicly transmit their live performance;

4. to broadcast their live performance;

5. to make available to the public the phonograms or videograms containing their performance;

6. to distribute the phonograms or videograms containing their perform-ance.

7. to rent phonograms or videograms containing their performance.

Article122The right to remuneration in case of public communication of a

phonogramA performer shall have the right to participate in the remuneration received by the producer of a phonogram for public communication of a phonogram in which his performance is fixed.



Article123The right to remuneration

The performer shall have the right to remuneration for the reproduction for private or other internal use, according to Article 37 (2) of this Act.

Article124Presumption of assignment

(1) By entering into a contract for the film production, the performer shall be presumed to have assigned to the film producer, exclusively and without limi-tations, all economic rights in his performance, unless otherwise provided by contract.

(2) For each economic right which was assigned according to the foregoing paragraph, the performer shall retain the right to demand equitable remunera-tion from the film producer.

(3) A performer cannot waive the right mentioned in the foregoing para-graph.

Article125Completion of audiovisual work

When any of the performers refuses to complete his contribution to the audio-visual work or if he is unable to do so owing to force majeure, he may not object to the use of his contribution already made for the purpose of completion of such work. Such performer shall have respective rights as to the contribution he has already made.

Article126Performance given in the course of employment

Where a performance is given by an employee in the execution of his duties or following the instructions given by his employer (performance in the course of employment), the relationships with respect to such performance are governed by a collective agreement or other contract.

Article127Terms of protection

Rights of a performer shall run for 50 years after the date of the performance. If the fixation of performance was lawfully published or lawfully communicated to the public within this period, the rights of a performer shall run for 50 years from either the first publication or from the first communication, whichever occurred earlier.



SectionIIRights of producers of phonograms

Article128Producers of phonogram

(1) Producer of a phonogram is a person or legal entity, who or which takes the initiative and has the responsibility for the first fixation of the sounds of a performance or other sounds, or the representations of sounds.

(2) Phonogram is a fixation of the sounds of a performance or of other sounds, or of a representation of sounds, other than in the form of a fixation incorporated in an audiovisual work.

(3) Fixation is an embodiment of sounds or of representations thereof on a medium, from which they can be perceived, reproduced or communicated through a device.

Article129Rights of the producer of phonograms

The producer of phonograms shall have the exclusive right:

1. to reproduce his phonograms;

2. to transform his phonograms;

3. to distribute his phonograms;

4. to rent his phonograms;

5. the making available to the public of its phonograms.

Article130Right to remuneration for public communication of phonograms

(1) If a phonogram published for commercial purposes or its copy is used for broadcasting or for any other communication to the public, the user shall pay the producer of phonograms a single equitable remuneration for each com-munication.

(2) The producer of phonograms shall pay half the remuneration mentioned in the foregoing paragraph, to the performers whose performances are fixed on the phonograms used, unless different shares are determined by the contract between the producers of phonograms and the performers.

(3) For the purposes of this Article, phonograms made available to the public by wire or wireless means in such a way that members of the public may access them from a place and at a time individually chosen by them, shall be considered as if they had been published for commercial purposes.




The producer of phonograms shall have the right to remuneration for reproduc-tion for private or other internal use, according to Article 37(2) of this Act.

Article132Term of protection

The rights of the producer of phonograms shall last for 50 years after the fixation is made. If the phonogram is lawfully published during this period, the rights shall last 50 years from such first publication. If no such publication has taken place, but the phonogram has during this period been lawfully communicated to the public, the rights shall last 50 years from such first communication to the public.

SectionIIIRights of film producers

Article133Film producer

A film producer is a natural person or a legal entity that in its own name and on its own, or on somebody else’s account, organizes and manages the produc-tion of an audiovisual work or of a sequence of moving images, and has the responsibility for its completion.

Article134Rights of a film producer

A film producer shall have the exclusive right:

1. to reproduce his videograms;

2. to distribute his videograms;

3. to rent his videograms;

4. to present his videograms to the public;

5. the making available to the public of its videograms.


A film producer shall have the right to remuneration for reproduction for private or other internal use, according to Article 37 (2) of this Act.




The rights of film producers shall run for 50 years from the time of the fixation. If a videogram is lawfully published or lawfully communicated to the public within this period, the rights of a film producer shall run for 50 years from the date of first publication or first communication to the public, whichever oc-curred earlier.

SectionIVRights of broadcasting organizations

Article137Rights of a broadcasting organization

A broadcasting organization shall have the exclusive right:

1. to rebroadcast its broadcasts;

2. to secondary broadcast its broadcasts if such communication is made in places accessible to the public against payment of an admission;

3. to fix its broadcasts;

4. to reproduce the fixations of its broadcasts;

5. to distribute the fixations of its broadcasts;

6. the making available to the public of its broadcasts.


The rights of broadcasting organizations shall run for 50 years from the date of the first broadcast.

SectionVRights of publishers


(1) Publishers shall have the right to remuneration for reproduction for private or other internal use, according to Article 37 (3) of this Act.

(2) The right mentioned in the foregoing paragraph shall run for 50 years from the lawful publication of the work.



Article140Unpublished works in public domain

(1) A person who for the first time lawfully publishes or communicates to the public a previously unpublished work in which the copyright has expired, shall enjoy the legal protection equal to that granted by economic rights and other rights of the author under this Act.

(2) The rights mentioned in the foregoing paragraph shall run for 25 years from the date of the first lawful publication or communication to the public of the work.

Article141Critical and scientific editions of works in public domain

(1) A person who prepares the edition of a work in which the copyright has expired, which is the result of a scientific endeavours and which is essentially different form known editions of this work, shall enjoy the legal protection equal to that granted by economic rights and other rights of the author under this Act.

(2) The rights mentioned in the foregoing paragraph shall run for 30 years from the date of the first lawful publication of the work.

SectionVIRights of makers of databases

Article141aDatabases

(1) A database shall mean a collection of independent works, data or other ma-terials in any form, arranged in a systematic or methodical way and individually accessible by electronic or other means, whereby either the obtaining, verifica-tion or presentation of its contents demands a qualitatively or quantitatively substantial investment.

(2) The protection of a database or its contents shall apply irrespective of their protection by copyright or by other rights. The inclusion of a material into a database and its use shall be without prejudice to rights existing in respect of that material.

Article141bScope of protection

(1) Protection of a database under this Section shall apply to:

1. the whole contents of a database,

2. every qualitatively or quantitatively substantial part of its contents,

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3. qualitatively or quantitatively insubstantial parts of its contents, when they are used repeatedly and systematically, which conflicts with a normal exploitation of that database or which unreasonably prejudice the legitimate interests of the maker of the database.

(2) Protection under this Section shall not apply to computer programs used in the making or operation of electronic databases.

Article141cRights of the maker of databases

The maker of a database shall have the exclusive right:

1. to reproduce his database,

2. to distribute copies of his database,

3. to rent copies of his database,

4. to make available to the public his database,

5. to other forms of communication to the public of his database.

Article141dRights and obligations of lawful users

(1) A lawful user of a disclosed database or a copy thereof shall free to use qualitatively or quantitatively insubstantial parts of its contents for any purposes whatsoever. Where the user is authorized to use only a part of the database, this Article shall apply only to that part.

(2) A lawful user of a disclosed database or a copy thereof may not perform acts which conflict with a normal exploitation of that database or which unreason-ably prejudice the legitimate interests of the maker of the database.

(3) A lawful user of a disclosed database or a copy thereof may not cause preju-dice to the copyright or related rights in respect of the works or subject matter contained in that database.

(4) Any contractual provision contrary to this Article shall be null and void.

Article141eEmployment and contracts for hire

Where a database is made by an employee in the execution of his duties or fol-lowing the instructions given by his employer, or where it is made by a person under a contract for hire, it shall be deemed that the exclusive rights to such database are exclusively and without limitations assigned to the employer or to the ordering party, unless otherwise provided by contract.

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Article141fTerm of protection

(1) The rights of a maker of databases shall last for 15 years after the completion of the making of the database. If the database is lawfully disclosed within this period, the rights shall last 15 years from such first disclosure.

(2) Any qualitatively or quantitatively substantial change to the contents of a database, which results in a qualitatively or quantitatively substantial new invest-ment, shall qualify the database resulting from that investment for a new term of protection. A substantial change of contents includes also the accumulation of successive additions, deletions or alterations of the database.

Article141gLimitations to the right of the maker

(1) Lawful users of a published database shall be free to use a substantial part of its contents:

1. for the purposes of teaching, provided that the conditions of Article 49 are fulfilled;

2. for private or other internal use of the contents of a non-electronic database, provided that the conditions of Article 50 are fulfilled.

(2) The use of the database shall be free if this is indispensable, in particular concrete cases, for the performance of tasks relating to public security or the performance of any official proceedings such as proceedings in the National Assembly or National Council of the Republic of Slovenia, or judicial, administra-tive or arbitrary proceedings.

ChapterVIMANAGEMENT AND ENFORCEMENT OF RIGHTS


Article142Author and agent

The author may personally manage his author’s rights, or he can do so through an agent.


Chapter VI MANAGEMENT AND ENFORCEMENT OF RIGHTS

Article143Individual and collective management of rights

Authors’ rights may be managed singly (individually), that is separately for each copyright work; or, when this Act so provides, they may be managed jointly (col-lectively), that is for a number of works of several authors at the same time.

Article144Scope of agency

(1) Management of authors’ rights through an agent includes:

1. representing authors in their legal transactions and relations with persons who use or commission their works, including collection of royalties or other remunerations;

2. representing authors in legal proceedings before courts or other bodies, for the purpose of protecting their authors’ rights.

(2) When an author enforces his rights before a court or another State body through an agent, who is a natural or legal person, such agent is entitled to claim a fee for his services and reimbursement of expenses incurred in connection with these services according to the agent’s schedule of fees, provided that he fulfils the conditions for the representation before courts or other State bodies or, where the agent is a legal person, that an authorized employee of such agent fulfils those conditions. Agent’s schedule of fees is adopted by the agent or an association of agents, and approved by the Minister of Justice.

Article145Related rights

Provisions of this Chapter relating to copyright, shall apply mutatis mutandis to related rights.

SectionIICollective management

Article146Activities of collecting societies

(1) Collecting societies shall be legal entities that, on the basis of the authorisa-tion of the competent authority, on a non-profit basis and as their sole purpose, on the basis of author’s authorisation or this Act, under their name and for author’s account:

1. allow the use of repertoire of protected works under the similar rules for similar uses;

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2. inform users of the amounts of proposed remunerations and conclude with them agreements concerning the conditions of the use protected works;

3. publish the tariffs for the payment of remunerations;

4. conclude agreements with foreign collecting societies;

5. monitor the use of works of their repertoire;

6. recover remunerations and authors’ royalties;

7. distribute collected means to right holders in accordance with adopted rules of distribution; and

7. enforce the protection of authors’ rights before courts and other State bodies, provided that they render account to the author for the rights so enforced.

(2) Collecting society may entrust the administrative work in connection with the collective management of rights to another collecting society or to a cor-poration.

Article147Mandatory collective management

Collective management of authors’ rights shall be allowed with respect to al-ready disclosed works, and mandatory in the following cases:

1. communication to the public of non-theatrical musical works and literary works (small rights);

2. resale of originals of works of fine arts (resale right);

3. reproduction of works for private or other internal use and its photocopying beyond the scope of Article 50;

4. cable retransmission of works, except in respect of broadcasters’ own trans-missions, irrespective of whether the rights concerned are their own or have been assigned to them by other right holders.

Article148Request for issuance of authorisation

The Office shall grant authorisation referred to in Article 146 upon written re-quest of a legal entity. The request shall be accompanied by:

1. a statute which defines bodies, and authority thereof, for the execution of tasks of a collecting society referred to in Article 146;

2. indication of persons who are entitled to represent the collecting soci-ety;

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3. indication of the number of persons who entrusted the collecting society with the management of authors’ rights in their works gathered into a rep-ertoire;

4. the evaluation of economic importance of those rights for the efficiency of management.

Article149Grounds for refusal

(1) The competent authority shall not issue authorisation if:

1. the statute of the collecting society does not comply with the provisions of this Act;

2. the material basis of the collecting society does not ensure the forecast ef-ficiency of management of authors’ rights; or

3. an authorization for collective management of authors’ rights has already been issued for the same category of authors’ works to another collecting so-ciety, unless the legal entity demonstrates that it could provide more efficient and more economical management of authors’ rights, and that it could, based on contracts with the authors, manage a more comprehensive repertoire of protected works than the existing collecting society. The earlier authoriza-tion shall terminate with the issuance of authorization to the new collecting society.

(2) When assessing the material basis of the collecting society referred to in item 2 of the foregoing paragraph, the following, in particular, shall be considered: the number of authors who have authorised the collecting society to manage their rights, the total number of their works, the extent of the exploitation of works or the volume of potential users of such works, means and ways whereby the collecting society proposes to carry out its activity, its capability to manage the rights of foreign right holders, estimate of the anticipated amount of col-lected remunerations, and the costs of operation of the collecting society.

Article150Issuance of the authorisation

(1) In the proceeding for the grant of authorisation the Act regulating general administrative procedure shall apply. There shall be no appeal against a decision or order issued by the competent authority, however, an action in the adminis-trative litigation proceedings may be filed with the Administrative Court which shall decide on the case at its seat.

(2) Notification of the final decision concerning the authorisation shall be pub-lished in the Official Gazette of the Republic of Slovenia.



Article151Contract with the author

(1) The collecting society shall manage authors’ rights on the basis of a contract concluded with the author. The contract shall include, in particular, the author’s authorisation for management of his rights, type of works and rights to be managed, and the duration of the contract, which shall not exceed five years, following which it can be extended for additional periods of five years.

(2) During the period when the management of rights is transferred to a col-lecting society, either by law or by contract, the author cannot individually manage those rights.

(3) The rights referred to in Article 147 may be managed by a competent col-lecting society without a contract with the author.

(4) Rights under item 1 of Article 147 can exceptionally be managed individually if in a performance the main performer is at the same time the holder of the author’s right in all works executed.

Article152Obligation to manage rights collectively

A collecting society shall not refuse to manage authors’ rights in the field of its activity if so requests the author who is the citizen of the Republic of Slov-enia or the European Union Member State, or has his residence or seat in the Republic of Slovenia.

Article153Rules for the distribution of revenue

(1) A collecting society shall use the revenue of its activity for remunerations and for operating costs, in accordance with the annual plan adopted by its assembly.

(2) A collecting society shall distribute remunerations according to the rules of distribution.

(3) The principles of distribution shall be set forth in the statute of the collecting society and shall exclude any possibility of arbitrariness.

Article154Special case of distribution

(1) Of the remunerations collected according to Article 37(2), authors shall receive 40 %, performers 30 %, and producers of phonograms or film producers 30 %.

(2) Of the remunerations collected according to Article 37(3), authors and pub-lishers shall receive 50 % each.



Article155Obligation to furnish information

Collecting society shall allow any person to inspect the repertoire of authors’ works and, upon written request of any person, provide information as to under what conditions it manages rights on behalf of an author.

Article156Tariff

(1) The tariff for the use of authors’ rights shall fix the amount and method for calculation of author’s royalty or remuneration payable by each user to the collecting society for the use of an author’s work from the repertoire of the collecting society.

(2) The tariff shall be fixed by an inclusive agreement concluded between the collecting society and a representative association of users, or, if this is not possible, by a decision of the Copyright Board (hereinafter referred to as “the Board”). Until a different final decision of the Board, the tariffs fixed in the current agreement shall be considered as appropriate.

(3) The following shall be taken into account in fixing the appropriate tariff, in particular:

1. complete gross earnings achieved through the use of an author’s work, or, if this is not possible, complete gross costs related to this use;

2. importance of an author’s work for the activity of the user;

3. the ratio between the protected and non-protected authors’ works used;

4. the ratio between the rights managed collectively and those managed in-dividually;

5. particular complexity of collective management of rights due to certain use of authors’ works;

6. comparability of a proposed tariff with those of collecting societies of the same category in other, especially neighbouring, EU states, taking into account the GDP per inhabitant in a unit of purchasing capacity.

(4) When, for a certain use of authors’ works, the tariff has not been fixed yet, collecting society may itself fix a provisional tariff, which shall apply until the tariff under paragraph (2) of this Article has been fixed. Collecting society shall publish the provisional tariff in the Official Gazette of the Republic of Slovenia.



Article157Inclusive agreement

(1) Collecting society shall conclude a written inclusive agreement with a rep-resentative association of users of authors’ works from the collecting society’s repertoire. Representative associations are those associations of users which represent the majority of users in a certain field of activity with regard to their number, or those recognized as representative by some other act.

(2) An inclusive agreement may also be concluded between a collecting society and an individual user of authors’ works from its repertoire, when, due to the nature of his activity, he is the only one performing this activity. The provi-sions applying to representative associations of users shall also apply, mutatis mutandis, to an individual user under this provision.

(3) Collecting society shall publish an initial invitation to negotiate the terms for conclusion of an inclusive agreement in the Official Gazette of the Republic of Slovenia.

(4) An inclusive agreement shall fix at least:

1. the tariff;

2. the terms of use of authors’ works with regard to different conditions of use;

3. the conditions of use requiring an increase, decrease or exemption from pay-ment of author’s royalty or remuneration according to the tariff;

4. the due date for payment of author’s royalty or remuneration;

5. the method of payment of author’s royalty or remuneration, and possible final calculation with regard to the provisional tariff referred to under paragraph (4) of the foregoing Article for the use of authors’ works until the conclusion of an inclusive agreement, if the tariff for a certain category of use of authors’ works is being fixed for the first time by this inclusive agreement.

(5) Collecting society shall publish an inclusive agreement in the Official Gazette of the Republic of Slovenia.

(6) The inclusive agreement shall enter into force on the fifteenth day following its publication in the Official Gazette of the Republic of Slovenia, and shall apply to all users of the same category of authors’ works from the repertoire of the collecting society, irrespective of whether they took part in the negotiations or in concluding this agreement. The users of authors’ works from the repertoire of the collecting society are bound to conclude a contract with the collecting society in accordance with the current inclusive agreement.

(7) Courts are bound by the current inclusive agreement.

(8) The provisions of this Article shall apply, mutatis mutandis, to amendments or termination of inclusive agreements.



Article157aProceedings with the Board

(1) A collecting society or a representative association of users may, at any time after the publication of a provisional tariff referred to in paragraph (4) of Arti-cle 156 of this Act, or when they have not concluded an inclusive agreement within four months from the beginning of negotiations, request the Board to fix an appropriate tariff or decide on any other issue regarding the inclusive agreement.

(2) Anyone who demonstrates legal interest may request the Board to find out whether an inclusive agreement complies with the provisions of this Act, and whether the tariff fixed by the agreement is appropriate, unless the Board has already decided on this issue.

(3) The proceedings before the Board are initiated by a written claim that should include at least:

1. applicant’s details;

2. explanation of issue;

3. report on the course of negotiations for conclusion of inclusive agreement carried out so far, including evidence of the date of their beginning;

4. proposal of a tariff to be decided by the Board, or proposal of a solution to some other issue.

(4) The Board shall send the claim referred to in the foregoing paragraph to the counterparty or – in the case of paragraph (2) of this Article – to the collect-ing society and representative association of users who have concluded the contested agreement, and shall invite them to state their opinion regarding the claim.

(5) Each party shall state the facts and provide proofs on which it bases its proposals, or by which it contests the allegations and proofs of the counter-party. The Board shall not be bound by the proposed evidence and claims of the parties.

(6) The Board may, at any time, impose on the parties to submit additional material and information which they consider may facilitate the proceedings, especially to prepare appropriate reports, submit expert opinions, and the like. Having regard of all the circumstances, the Board shall determine as to the im-portance of the fact that a party has not complied with the provision referred to in the foregoing or this paragraph.

(7) In proceedings before the Board, the provisions of the Act regulating general administrative procedure shall apply, mutatis mutandis, with the exception of the provisions on legal remedies and execution, save as otherwise provided by this Act.



Article157bThe Board’s decision

(1) By its decision the Board shall fix an appropriate tariff or decide on other issue, whereby the Board may approve, amend or annul, in whole or in part, a contested inclusive agreement.

(2) When necessary considering the circumstances of the case, the Board may issue, during the proceedings and upon a party’s proposal, a decision fixing the tariff for the duration of the proceedings before the Board. The decision shall be issued on the basis of information existing during decision making, and shall be effective until the issuance of the decision referred to in the foregoing para-graph. No court action referred to in Article 157d of this Act shall be permitted against the decision under this paragraph.

(3) The final decision of the Board shall constitute a part of an inclusive agree-ment or shall substitute such agreement, when it changes, amends or annuls the contested inclusive agreement, or when an inclusive agreement has not been concluded.

(4) The final decision of the Board shall be published in the Official Gazette of the Republic of Slovenia.

Article157cCosts of proceedings before the Board

(1) The costs of proceedings before the Board include the costs incurred by the parties and those incurred by the Board.

(2) Each party shall bear its own costs resulting from the proceedings before the Board.

(3) Both parties shall cover in equal shares the following costs incurred by the Board:

– the Board members’ remunerations,

– travel and other reasonable expenses of the Board members,

– costs needed for implementation of evidence,

– administrative costs.

(4) The party who initiates the proceedings shall advance appropriate money to cover its operating costs; otherwise, the Board will reject the proposal for initiation of proceedings.

(5) The provision of the foregoing paragraph shall apply, mutatis mutandis, to anyone who applies in any way or proposes any actions within the proceed-ings.



(6) A Board member’s remuneration shall amount to one third of the basic monthly salary of a District Court Judge for each month of duration of pro-ceedings started, while the Board President’s remuneration shall be a Board member’s remuneration increased by 20%.

(7) The Board shall decide by a separate decision on its costs and whether any party should reimburse the other party for the appropriate part of the costs paid, taking into account the advances paid.

Article157dJudicial protection against the Board’s decisions

(1) An action is permitted against a decision of the Board, which should be brought before the Supreme Court of the Republic of Slovenia within 30 days following the service of the decision. A committee consisting of three judges of the Supreme Court of The Republic of Slovenia will decide on the action.

(2) The Court will examine the Board’s decision within the bounds of the action and within the bounds of the grounds stated in the action. In so doing, the Court shall on its own motion pay attention to any material breaches of the procedural provisions as to the question whether or not the party has been given an opportunity to make a statement on the facts and circumstances of importance for the contested decision.

(3) Once in judicial protection proceedings, the plaintiff shall not state any new facts or present new evidence.

(4) The Court will decide without hearing.

(5) There shall be no appeal against the judgement and no review of the judge-ment.

(6) The proceedings of judicial protection under this Article shall be governed, mutatis mutandis, by the provisions of the Act regulating administrative disputes, save as otherwise provided by this Act. The Board shall enjoy exemption from legal dues in administrative dispute.

Article157eThe Board

(1) The Board shall be a scientific, independent and impartial authority, which shall have the following competences in respect of collective management of rights:

1. fixing the appropriate tariff for the use of authors’ works;

2. deciding on any other issue regarding the conclusion of an inclusive agree-ment;

3. checking that the agreement meets the provisions of this Act.



(2) When parties to the matters referred to in the foregoing paragraph have concluded an arbitration contract or adopted an arbitration contract provision, such contract or provision shall be null and void.

Article157fOrganization of the Board

(1) The Board shall consist of the President and four members.

(2) The President of the Board shall qualify for a District Court Judge according to the Act regulating the service of judges; each member of the Board shall have university degree, at least five years of work experience, and the know-ledge of at least one foreign language. All members of the Board must possess knowledge in copyright law.

(3) Collecting society and representative associations of users shall each appoint two members of the Board. The President and the members shall be nomi-nated by the Minister responsible for the economy. The Minister responsible for the economy may reject the appointment of a proposed member of the Board when the latter does not meet the terms referred to in the foregoing paragraph.

(4) The competent authority shall publish in the Official Gazette of the Republic of Slovenia a public call for collecting societies and representative associations of users to propose, within three months, their two members of the Board.

(5) When a collecting society or representative associations of users do not comply with paragraphs (3) and (4) of this Article, the competent authority shall propose itself the outstanding member.

(6) The Board shall be located at the premises of the competent authority, which shall provide administrative assistance to the Board.

Article158Obligation to contract

(1) The user of works from the repertoire of a collecting society may request, at any time, the conclusion of a contract for the non-exclusive assignment of rights for the use of authors’ works in accordance with the valid tariff. Collecting societies may refuse such a request insofar as they have an objective reason to do so, such as a history of non-payment on the side of the user.

(2) Should parties fail to conclude a contract for the non-exclusive assignment of rights for the use of protected works, the right shall be deemed to have been assigned if the user deposits in the account of the collecting society, or with a court or notary, the amount demanded by the collecting society according to the valid tariff.



Article159Obligation of users to provide information

(1) Organizers of public entertainments, and other users of protected works, shall acquire the rights of public communication, in case where authorization is required under this Act, prior to such use, and shall submit to the competent collecting society the list of all works used within fifteen days after the use.

(2) On request of the author, or of the collecting society, the competent author-ity for internal affairs may prohibit the public performance, presentation or other use of a protected work, in case the organizer failed to previously acquire the rights referred to in the foregoing paragraph.

(3) Broadcasting organizations shall monthly submit to the competent collect-ing society a list of all broadcast copyright works.

(4) Users of protected works, who exploit such works under this Act without the non-exclusive assignment of rights, shall monthly submit to the competent collecting society the information regarding such exploitation.

(5) Persons referred to in Article 35 shall submit to the competent collecting so-ciety the information which is necessary for the calculation of the remuneration due, such as type and number of sold originals, liable persons and retail price net of tax, within 30 days after the sale of the original of a work of fine art.

Article160Supervision by members

(1) Each member of the collecting society may demand to receive, in the time limit provided for in the statute, the annual financial report and the report of the supervisory board, for inspection.

(2) At least one tenth of the full members of a collecting society may demand that one or more than one independent experts inspect the operation of the society, unless such inspection has already been carried out on the basis of this provision for the current year.

Article161Annual reports and audits

(1) Within six months following the end of each accounting year, the collecting society shall adopt or acquire:

1. annual reports of administrative and supervisory bodies on collected remu-nerations, distribution thereof, operation of the collecting society and imple-mentation of inclusive agreements and agreements with foreign collecting societies;



2. the report of auditing company on the auditing of financial statements, to-gether with the opinion of an authorized auditor on regularity of the operation and its conformity with this Act, internal acts of the collecting society and its concluded agreements;

3. the opinion of administrative and supervisory bodies on the report and opin-ion referred to in the foregoing item;

4. measures in the event of the auditor’s opinion on its irregularity;

5. proposal for the financing plan and operating costs of the collecting society for the coming year.

(2) Provisions of this Article shall be without prejudice to obligations of collecting societies which they have with respect to financial reports and audits pursuant to other regulations.

Article162Supervision by the competent authority

(1) The competent authority shall supervise whether collecting societies ex-ecute their tasks in compliance with the provisions of this Act.

(2) The competent authority may, at all times, demand from a collecting society reports on business matters and inspection into their books and other busi-ness papers to the extent necessary, following a reasoned and detailed written request to examine the issue specified in the request.

(3) Collecting societies shall inform the competent authority of any change concerning the persons entitled by law or statutes to represent them.

(4) Collecting societies shall submit to the competent authority, in particu-lar:

1. any amendment to the statute;

2. inclusive agreements with associations of users;

3. tariffs and any alterations thereof;

4. agreements with foreign collecting societies;

5. resolutions of the assembly;

6. annual reports and the report of auditing company, together with the opin-ion of an authorized auditor on regularity of the operation and its conformity with this Act, internal acts of the collecting society and its concluded agree-ments.



Article162aMeasures in the case of infringements by collecting societies

(1) The competent authority shall order, by way of a decision, the collecting society to correct, within a set period, any observed infringements of the pro-visions of this Act.

(2) The competent authority shall withdraw by way of a decision an authoriza-tion issued, when:

1. circumstances arise, which would constitute grounds for refusal to issue au-thorization,

2. the collecting society fails to perform its activities in compliance with Article 146 of this Act,

3. the collecting society has committed repeated infringements of the provi-sions of this Act.

The withdrawal of authorization shall become effective on the 30th day follow-ing the publication of a notice on withdrawal of authorization in the Official Gazette of the Republic of Slovenia.

(3) The competent authority may express, along with a decision on withdrawal of authorization, that the withdrawal of authorization will not be implemented, provided that the collecting society corrects the observed infringements within a set period, and provided that it does not commit a new infringement within this period, such that would constitute grounds for withdrawal of authorization. The competent authority will revoke a conditional withdrawal of authorization and withdraw the authorization, should the collecting society not correct the ob-served infringements within the period of probation, or should it commit a new infringement that would constitute grounds for withdrawal of authorization.

(4) The competent authority may not issue a decision referred to in paragraphs (2) and (3) of this Article, had it not previously ordered the collecting society to correct the observed infringements.

(5) The provisions of the Act regulating general administrative procedure shall apply, mutatis mutandis, in the proceedings under this Article. No complaint shall be permitted against a decision of the competent authority; however, an action shall be possible in an administrative dispute, on which the Administra-tive Court will decide at its seat.

Article163Mediation

(1) Collecting societies and representative associations of users may propose, on the basis of a mediation agreement, mediation in a dispute concerning conclu-sion of an inclusive agreement for cable retransmission of broadcasts.



(2) The mediation referred to in paragraph (2) of Article 166c may be requested without a mediation agreement. The provisions regarding mediation between a collecting society and a representative association of users shall apply, mutatis mutandis, in such mediation procedures.

(3) The mediator shall be independent, impartial and not bound by instructions.

(4) The mediator shall ensure that parties conduct negotiations in good faith and do not hinder them without valid justification.

(5) The mediator may submit proposal to parties concerning the settlement of the dispute. The settlement proposal shall be deemed to have been ac-cepted if neither party objects within three months following the receipt of the proposal.

(6) The secrecy shall be ensured in the mediation procedure.

(7) The parties shall jointly choose the mediator from the list of mediators ap-pointed by the Government of the Republic of Slovenia on the proposal of the Minister of Economy.

(8) The competent authority shall provide administrative assistance to mediator.

(9) The parties shall remunerate the mediator for his work.

(10) The Government of the Republic of Slovenia shall define with a decree, in greater detail, the mediation procedure, as well as the degree and kind of education of the mediator, and other conditions that he has to fulfil.

ChapterVIIPROTECTION OF RIGHTS


Article164Persons entitled to protection

(1) The person whose rights under this Act were infringed (the right holder), may demand the protection of his rights and claim restitution from the infringer (the infringer), according to the rules on damages, unless otherwise provided by this Act.

(2) The same protection may be claimed by a right holder, when there is appar-ent danger that an infringement of the rights under this Act will occur.


Chapter VII PROTECTION OF RIGHTS

Article165Joinder of parties

(1) When there are more right holders of a right granted by this Act, each of them may claim the protection of this right in its entirety.

(2) When there are more infringers of a right granted by this Act, each of them is liable for total damages.

Article166Protection of rights-management information

(1) It shall be deemed that a person infringes the exclusive rights granted by this Act, when it commits any of the following acts by which it induces, enables, facilitates or conceals the infringements of the rights under this Act:

1. the removal or alteration of any electronic rights-management information;

2. the reproduction, distribution, importation for distribution, rental or com-munication to the public of a copyright work or subject matter of related rights, where electronic rights-management information has been removed or altered without authority.

(2) Rights-management information as mentioned in the foregoing paragraph, means any information provided by rightholders on the identification of the subject matter of rights, the author, the rightholder, the terms and conditions for use, and their relevant numbers and codes, when they are indicated on a copy of a copyright work or subject matter of related rights or when they appear in connection with their communication to the public.«

Article166aTechnological measures

(1) It shall be deemed that a person infringes the exclusive rights granted by this Act, when he circumvents effective technological measures designed to protect authors’ works or subject matters of related rights.

(2) It shall be deemed that a person infringes the exclusive rights granted by this Act, when he

manufactures, imports, distributes, sells, rents, advertises for sale or rental, or possesses for commercial purposes technologies, devices, products, compo-nents or computer programs or provides services which:

1. are promoted, advertised or marketed for the purpose of the circumvention of effective technological measures, or

2. have only a limited commercially significant purpose or use other than to circumvent effective technological measures, or



3. are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of effective technological measures.

(3) “Technological measures” within the meaning of this Article shall mean any technology, device, product, component or computer program or other meas-ure that, in the normal course of its operation, is designed to prevent or restrict acts which are not authorised by the holder of rights under this Act. These meas-ures shall be deemed effective where the use of a copyright work or subject matter of related rights is controlled by the right holders through application of an access control or protection process such as encryption, scrambling or other transformation of the work, or a copy control mechanism, which achieves the protection objective.

(4) This Article shall apply mutatis mutandis also to any technology, device, prod-uct, component or computer program by which electronic rights-management information referred to in Article 166 is removed or altered.

(5) The acts referred to in foregoing paragraphs shall not be deemed infringe-ments if they are carried out in certain special cases of performance of tasks relating to public security, or in order to ensure the correct execution of any official proceedings, such as proceedings in the National Assembly or National Council of the Republic of Slovenia, or judicial, administrative or arbitrary pro-ceedings.

Article166bObligation to use markings

In the case of technological measures pursuant to the provisions of this Act, the right holder or importer shall be bound put a clearly visible marking on each copy of a copyright work or subject matter of related rights manufactured or imported for commercial purposes, indicating:

1. information concerning the technological measure and its effects, and

2. his firm and address in order to ensure an effective implementation of Article 166c(1).

Article166cEnforcement of the limitations to rights

(1) The right holder who uses technological measures pursuant to this Act, shall make available to the persons having legal access to the subject matter of rights, at their request and without delay, appropriate means on the basis of which they can enforce the limitations to copyright and related rights listed in paragraph 3.

(2) If the right holder fails to secure the means referred to in paragraph 1, the persons concerned may request a mediation in the dispute.



(3) Limitations to rights pursuant to paragraph 1 shall be provided, under con-ditions laid down by this Act, including eventual payment of remuneration, in the following cases:

1. use for the benefit of people with a disability (Article 47a);

2. use for the purpose of teaching (Article 49);

3. private and other internal reproduction (Article 50);

4. performance of official proceedings (Article 56);

5. ephemeral recordings made by broadcasting organisations (Article 77(2)).

(4) Paragraphs 1, 2 and 3 shall not apply to technological measures that are used for:

1. fulfilment of a right holder’s obligation under paragraph 1 and the implemen-tation of agreements concluded for this purpose;

2. protected works that are used, on the basis of an appropriate contract, within the meaning of Article 32a.

SectionIIJudicial protection

Article167Claims

(1) When the exclusive rights granted by this Act were infringed, the right holder may claim that:

1. the infringement already commenced and future infringements be prohib-ited;

2. the objects of infringement be recalled from the channels of commerce, taking account of the interests of bona fide third parties;

3. the situation caused by the infringement be rectified;

4. the objects of infringement be irrevocably removed from the channels of commerce;

5. the objects of infringement be destroyed;

6. the means of infringement that are owned by the infringer and intended or used exclusively or principally for infringement be destroyed;

7. the objects of infringement be surrendered to the right holder against the reimbursement of the costs of their production;

8. the judgment be published.



(2) In deciding on the claims referred to in paragraph 1(2.) to (7.), the court shall take account of the circumstances of the case, in particular proportional-ity between the seriousness of the infringement and the claim, as well as the interest of the right holder to ensure an effective protection of rights. Provisions of paragraph 1(3.) and (5.) shall not apply to architectural buildings, unless the destruction of the building is dictated by the circumstances of the case.

(3) In proceedings against a person whose services have been used to infringe the right, and the existence of such infringement has already been finally es-tablished in proceedings against the third party, the infringement shall be presumed to exist.

Article168Compensation for damage and punitive damages

(1) For infringements under this Act, general rules governing causation of dam-age shall be applicable, unless otherwise provided by this Act.

(2) The infringer shall pay to the right holder damages in the amount to be defined under general rules on compensation for damage, or in the amount which is equal to agreed or customary royalty or remuneration for legitimate use of such kind.

(3) If a right under this Act was infringed intentionally or by gross negligence, the right holder may claim the payment of agreed or customary royalty or re-muneration for such use, increased by up to 200%, irrespective of whether he suffered actual pecuniary damage because of such infringement.

(4) When deciding on the claim for the award of punitive damages and setting of their amount, the court shall take into account all circumstances of the case, and in particular, the degree of culpability of the infringer, the amount of agreed or customary remuneration, and the achievement of a general preventive purpose sought by the award of punitive damages.

(5) In case that the actual damage is in excess of the amount of punitive dam-ages mentioned in the paragraph 4, the right holder has a right to claim the difference to full actual damages.

Article169Monetary satisfaction for non-material damage

Irrespective of any pecuniary damages recovered, or even if there is no mate-rial loss suffered, the court may award to an author or a performer equita-ble monetary satisfaction for the mental anguish and suffering endured as a consequence of the infringement of his moral rights, if the court finds that the circumstances of the case, and especially the degree of suffering and its duration so dictate.



Article170Provisional measures

(1) The court shall order provisional measures to secure non-monetary claims under this Act if the right holder shows probable grounds for belief that:

1. he/she is the right holder according to this Act, and

2. his/her right has been infringed or there exists an actual danger to be in-fringed.

(2) The right holder shall also show probable grounds for belief that:

1. a danger exists that the enforcement of claims will be made impossible or rather difficult;

2. the adoption of a provisional measure is necessary to avoid damage difficult to repair; or

3. a provisional measure, which may prove unfounded in the course of the proceedings, does not have more detrimental consequences for the alleged infringer that would have the non-adoption of such measure for the right holder.

(3) The right holder who proposes the order of a provisional measure with-out prior notification and hearing of the opposite party shall show probable grounds for belief, in addition to the requirements of paragraphs 1 and 2, that any delay of the order is likely to cause him/her a damage difficult to repair. In that event, the opposite party shall be given notice after the execution of the order at the latest.

(4) The right holder shall not be obliged to prove the existence of a danger that the enforcement of claims will be made impossible or rather difficult if he/she shows probable grounds for belief that the proposed provisional meas-ure would cause the infringer only insignificant damage. The danger shall be deemed to exist when the claims are to be enforced abroad, with the exception of Member States of the European Union.

(5) The court may order any provisional measure to secure non-monetary claims referred to in paragraph 1, with which the purpose of security can be achieved, in particular:

1. to interdict to the alleged infringer the continuation of infringement already commenced and future infringements;

2. to seize, exclude from circulation and take into custody the objects of infringe-ment and the means of infringement that are intended or used exclusively or principally for infringement.



(6) The court shall decide on the opposition against a decision on the adoption of a provisional measure within 30 days following the filing of the answer to the opposition, or by the end of the time limit set for the filing of the answer to the opposition.

(7) The provisions of the Act regulating execution of judgements and insur-ance of claims shall apply to the proceedings for the adoption of provisional measures, unless otherwise provided by this Act. Proceedings shall be expedi-tious.

Article171Preservation of evidence

(1) The court shall issue an order to preserve evidence if the right holder presents reasonably available evidence that:

1. he/she is the right holder according to this Act;

2. his/her right has been infringed or that there exists an actual danger to be infringed; and

3. evidence of infringement will be destroyed or that it will be impossible to take such evidence at a later time.

(2) The right holder who requests the order to preserve evidence without prior notification and hearing of the opposite party shall show probable grounds for belief, in addition to the requirements of paragraph 1, that there is a danger of evidence of infringement being destroyed as the result of conduct of the op-posite party or that it will be impossible to take such evidence at a later time. In that event, the opposite party shall be given notice after the execution of the order at the latest.

(3) The court may issue the order referred to in paragraph 1 to take any evidence, and in particular:

1. to inspect places, business records, inventory, databases, computer memory units or other things;

2. to seize samples of the objects of infringement;

3. to examine and seize documents;

4. to appoint and examine experts; and

5. to examine witnesses.

(4) Preservation of evidence may be requested even after the decision by which the proceedings are completed has become final, if this is necessary before or during the proceedings with extraordinary remedies.



(5) The provisions concerning provisional measures of the Act regulating execu-tion of judgements and insurance of claims shall apply mutatis mutandis to the proceedings for preservation of evidence under this Article, unless otherwise provided by this Act. Proceedings shall be expeditious.

(6) Where it is subsequently found that the request for preservation of evidence has been unfounded or that the right holder has not justified it, the opposite party shall have the right to claim:

1. the return of the seized objects;

2. the prohibition of the use of information obtained; and

3. the compensation for damage.

(7) In the proceedings for preservation of evidence in accordance with this Article, the court shall ensure that confidential information from the parties be protected and that judicial proceedings not be used in bad faith with the sole purpose to obtain confidential information from the opposite party.

Article172Duty to provide information

(1) In the proceedings concerning the infringement of rights the court may, upon a justified request of the party, order that information on the origin and distribution networks of the goods or services which infringe a right under this Act be provided by the alleged infringer.

(2) The court may order that information referred to in paragraph 1 be provided also by persons who:

1. possess the infringing goods on a commercial scale;

2. use the infringing services on a commercial scale; or

3 .provide on a commercial scale services used in an infringing activity.

An act shall be deemed to be performed on a commercial scale if it has been performed for direct or indirect economic advantage.

(3) The court may order that information referred to in paragraph 1 be provided also by the person who was indicated by any person referred to in paragraph 2 as being involved in the production, manufacture or distribution of the infring-ing goods or the provision of the infringing services.

(4) The information referred to in paragraph 1 may comprise:

1. the names and addresses of the producers, manufacturers, distributors, sup-pliers and other previous holders of the goods or services, as well as the in-tended wholesalers and retailers; and

2. information on the quantities produced, manufactured, delivered, received or ordered, as well as the price obtained for the goods or services in question.



Article173Presentation of evidence

(1) If the court decides to take the proposed evidence and that evidence is in the possession of the opposite party, that party shall present such evidence at the request of the court.

(2) Paragraph 1 shall also be applicable for banking, financial and commercial documents under the control of the opposite party if the infringement was committed on a commercial scale.

(3) The provisions of the Act regulating civil procedure shall apply to the pro-ceedings for the presentation of evidence, unless otherwise provided by this Act.

(4) After the taking of evidence referred to in paragraph 1, the court shall ensure that confidential information from the parties to the proceedings be protected and that judicial proceedings not be used in bad faith with the sole purpose to obtain confidential information from the opposite party.

SectionIIIMeasures for the enforcement of protection

Article174Register

(1) To preserve the evidence or for other reasons, the holders of rights granted by this Act, may register their works or deposit the originals or reproductions of their works, phonograms, videograms, or subject matters of some other right with the organization authorized for this purpose.

(2) Until proven otherwise, it shall be presumed that the rights in registered works exist and belong to the person designated in such register as their holder.

(3) There shall be one public register for a given category of works for the whole state, and shall be kept by an organization specially authorized for that purpose by the Office.

(4) In case of doubt whether a given work can be considered as a work of copyright, the organization mentioned in the foregoing paragraph shall give an opinion.

(5) Provisions of this Article do not affect in any way the existence and protec-tion of rights under this Act.



Article175Symbols and notices of reserved exclusive rights

(1) Holders of exclusive authors’ rights under this Act shall have the right to put a notice on the original or copies of their works, consisting of the symbol ©, ac-companied by their name or firm name and year date of the first publication.

(2) Holders of exclusive rights to phonograms under this Act, shall have the right to put a notice on the original or copies of their published phonograms or on their containers, consisting of the symbol accompanied by their name or firm name and year date of the first publication.

(3) Until proven otherwise, it shall be presumed that the exclusive rights in works or phonograms that bear notices mentioned in this Article exist and belong to the person designated therein.

(4) Provisions of this Article do not affect in any way the existence and protec-tion of rights under this Act.

ChapterVIII RELATIONS WITH FOREIGN ELEMENTS


(1) The provisions of this Act shall protect the authors and holders of related rights who are citizens of the Republic of Slovenia or a European Union Member State, or have their residence or seat in the Republic of Slovenia.

(2) Other foreign natural persons or legal entities (foreigners) shall enjoy the same protection as persons mentioned in the foregoing paragraph if inter-national convention or this Act so provides, or in case that factual reciprocity exists.

(3) Regardless of the provisions of this Chapter, foreigners shall enjoy the protec-tion according to this Act:

1. with respect to moral rights - in any case;

2. with respect to resale right and the right to remuneration for private and other internal reproduction - only if factual reciprocity exists.

(4) Reciprocity must be proved by the person basing his claims on it.

(5) Provision of this Act relating to the European Union Member States shall apply also to the European Economic Area Member States.


Chapter VIII RELATIONS WITH FOREIGN ELEMENTS

Article177Authors

(1) The protection under this Act shall enjoy the authors:

1. who are domiciled in the Republic of Slovenia;

2. with respect to their works published for the first time in the Republic of Slovenia or within 30 days of having been published in another country;

3. with respect to audiovisual works whose producer has his corporate seat or domicile in the Republic of Slovenia;

4. with respect to works of architecture and fine arts, which are as immovables or as a firm integral part of immovable property located on the territory of the Republic of Slovenia.

(2) If the work was created by several authors, the provision of this Act shall protect all of them if at least one author meets one of the conditions enumer-ated in the foregoing paragraph.

Article178Performers

(1) The protection under this Act shall enjoy the performers:

1. who are domiciled in the Republic of Slovenia;

2. whose performances take place on the territory of the Republic of Slovenia;

3. whose performances are fixed on phonograms that are protected under this Act;

4. whose performances are incorporated, without having been fixed on pho-nograms, in radio broadcasts that are protected under this Act.

(2) If more performers take part in a performance, the provisions of this Act shall protect all of them if at least one performer is a citizen of the Republic of Slovenia or is domiciled in the Republic of Slovenia.

Article179Producers of phonograms, film producers, and publishers

(1) The protection under this Act shall enjoy the producers of phonograms and film producers if their phonogram or videogram was first fixed in the Republic of Slovenia.

(2) The provisions of this Act shall also protect the publishers with respect to their related rights if their edition was first published in the Republic of Slovenia or within 30 days of having been published in another country.



Article180Broadcasting organizations

The protection under this Act shall enjoy the broadcasting organizations that transmit their broadcast from transmitters located on the territory of the Re-public of Slovenia.

Article181Comparison of terms of protection

The terms of protection laid down in this Act shall apply to foreign holders of related rights that enjoy protection under this Act, however, they shall expire on the day when the protection expires in the country of which these holders are citizens, or where their corporate seat is located, and cannot exceed the terms set by this Act.

Article182Communication to the public by satellite

(1) The protection under this Act shall enjoy the authors and holders of related rights, whose work or subject matter of related rights is communicated to the public by satellite, when under the control and responsibility of a broadcasting organization the relevant program-carrying signals are sent from the territory of the Republic of Slovenia, into an uninterrupted chain of communication, to a satellite and down to the Earth.

(2) The protection granted by this Act applies also when the condition from the foregoing paragraph is not fulfilled, however:

1. the uplink station from which program-carrying signals are transmitted is located in the Republic of Slovenia, or

2. the broadcasting organization which commissioned the communication to the public by satellite has its corporate seat in the Republic of Slovenia.

Article183Stateless persons and refugees

(1) Authors and holders of related rights that have no citizenship or whose citi-zenship cannot be determined, shall enjoy the same protection under this Act as the citizens of the Republic of Slovenia, if they are domiciled in it.

(2) If they are not domiciled in the Republic of Slovenia or if their domicile cannot be determined, they shall enjoy the same protection as citizens of the Republic of Slovenia, if they have their residence in it.

(3) If they have neither their domicile nor residence in the Republic of Slovenia, they shall enjoy the same protection as citizens of the state in which they do have their domicile or residence.



(4) Provisions of this Article shall apply equally to authors and holders of related rights, having the status of a refugee under international treaties or laws of the Republic of Slovenia.

ChapterIXPENAL PROVISIONS

Article184(1) A fine of no less than 400 000 tolars1 shall be imposed for a misdemeanor on any legal entity or individual sole trader who:

1. without the assignment of the relevant economic right, when such assign-ment is required under this Act, reproduces, distributes, rents, publicly performs, publicly transmits, publicly communicates, publicly presents, broadcasts, re-broadcasts, secondary broadcasts, makes available to the public, transforms or audiovisually adapts or otherwise uses a work or a copy thereof (Articles 21 and 22);

2. possesses a copy of a computer program for commercial purposes, knowing or having reason to believe that it is an infringing copy (Article 116(2.));

3. without the assignment of the relevant exclusive right, when such assignment is required under this Act, reproduces, fixes, publicly transmits or broadcasts a live performance, or reproduces, makes available to the public, distributes or rents a phonogram or videogram with a performance, or otherwise uses a performance (Article 121);

4. without the assignment of the relevant exclusive right, when such assignment is required under this Act, reproduces, distributes, rents, makes available to the public or otherwise uses a phonogram or videogram (Articles 129 and 134);

5. without the assignment of the relevant exclusive right, when such assign-ment is required under this Act, retransmits, fixes, reproduces, distributes, makes available to the public or otherwise uses a broadcast or a fixation of a broadcast (Article 137);

6. without the assignment of the relevant exclusive right, when such assignment is required under this Act, reproduces, distributes, rents, makes available to the public or otherwise uses a database or a copy thereof (Article 141c);

7. removes or alters any electronic rights-management information (Article 166(1)(1.);

� EUR 1669


Chapter IX PENAL PROVISIONS

8. reproduces, distributes, imports for distribution, rents or communicates to the public a copyright work or subject matter of related rights or a copy thereof where electronic rights-management information has been removed or altered without authorization (Article 166(1)(2.);

9. circumvents effective technological measures or manufactures, imports, distributes, sells, rents, advertises for sale or rental or possesses for commercial purposes a technology, device, product, component or computer program, or provides a service for the purpose of circumvention of effective technological measures in the cases referred to in Article 166a(2) ((Article 166a(1) and (2));

10. manufactures, imports, distributes, sells, rents, advertises for sale or rental or possesses for commercial purposes a technology, device, product, component or computer program for the removal or alteration of electronic rights-manage-ment information (Article 166a(4)).

(2) A fine of no less than 80 000 tolars2 shall be imposed on the responsible person of a legal entity or individual sole trader that commits a misdemeanor referred to in paragraph 1.

(3) A fine of no less than 80 000 tolars2 shall be imposed on an individual who commits a misdemeanor referred to in paragraph 1.

(4) The articles which were created by by the misdemeanor shall be confis-cated.

(5) The misdemeanors under this Article shall be decided upon by emergency procedure.

Article185(1) A fine of no less than 200 000 tolars3 shall be imposed for a misdemeanor on any legal entity or individual sole trader:

1. that does not submit to the competent collecting society, at its request and within the prescribed time limit, information about the types and number of sold or imported devices for sound or visual fixation, photocopying devices, blank audio or video carriers, as well as information about sold photocopies which is necessary for the calculation of the remuneration due (Article 38(4));

2. that does not submit to the competent collecting society, within the pre-scribed time limit, the list of works used (Article 159(1), (3), and (4));

3. that does not submit to the competent collecting society, within the pre-scribed time limit, the information which is necessary for the calculation of the remuneration due (type and number of sold originals, liable persons, retail price without public charges, etc.) (Article 159(5));

� EUR 334� EUR 835


Chapter IX PENAL PROVISIONS

4. that does not make available to persons having legal access to the subject matter of rights the means on the basis of which they can enforce limitations to the copyright and related rights (Article 166c).

(2) A fine of no less than 60 000 tolars1 shall be imposed on the responsible person of a legal entity or of individual sole trader that commits a misdemeanor under paragraph 1.

(3) A fine of no less than 60 000 tolars1 shall be imposed on an individual who commits a misdemeanour under paragraph 1.

Article186(1) Supervisory control over the implementation of the provisions

sanctionable under Articles 184 and 185 shall be the competence of the Market Inspection . The proceedings concerning these cases shall

be expeditious .(2) When the inspector learns of a misdemeanor referred to in paragraph 1 through official channels, he may:

1. seize the goods which were used or intended for the commission of a mis-demeanor, or were created by such misdemeanor, and

2. order to remedy the irregularity within the prescribed time limit.

TRANSITIONAL AND FINAL PROVISIONS of the Act of 15 December 2006

Amending the Copyright and Related Rights Act

Article 15The minister competent for economy shall appoint the chairman and members of the Board referred to in Article 157f within nine months following the entry into force of this Act.

Article 16Arbitration proceedings which are pending pursuant to Article 163a at the time when this Act becomes effective shall be terminated according to the provisions of the Act applicable hitherto.

Article 17This Act shall enter into force on the fifteenth day following its publication in the Official Gazette of the Republic of Slovenia.

� EUR 250



EMPLOYMENT RELATED INVENTIONS ACT*

of25July1995

aslastamendedon18December2006

(asinforcefrom13January2007)

* Published in the Official Gazette RS Nos. 45/95, 96/02 and 139/06. Unofficial transla-tion.

I. GENERAL PROVISIONS

Article 1

This Act governs the rights and obligations of employers and employees result-ing from inventions made in the course of employment.

Article 2

For the purposes of this Act, “invention” shall mean any invention which by virtue of regulations governing industrial property satisfy the requirements for patent protection or for protection by a short-term patent.

Article 3

(1) The inventions made by employees may be either job-related inventions or independent inventions.

(2) A job-related invention is an invention made in the course of employment. A job-related invention may be:

(a) a direct job-related invention made in the course of implementation of the employment contract, at the employer’s explicit request, or on the basis of a special contract concluded between the employer and the employee;

(b) an indirect job-related invention made in the course of exercise of an occupa-tion if the invention is mainly the result of the experience gained by the employee at his workplace, or of the assets made available to him by the employer.

(3) Other inventions made in the course of employment shall be independent inventions.

Article 4

Termination of employment shall have no effect whatsoever on the rights and obligations arising therefrom.

II. MUTUAL RIGHTS AND OBLIGATIONS OF EMPLOYEES AND EMPLOYERS

Article 5

(1) The employee who has made an invention shall with no delay and in writing notify the employer thereof, stating clearly that the notification of an invention is involved. If the invention was made by several employees, they can submit the notification thereof jointly.

1�2 EMPLOYMENT RELATED INVENTIONS ACT

GENERAL PROVISIONS

(2) The employer shall confirm to the employee the receipt of the notification of an invention in writing.

(3) The notification from paragraph 1 shall contain:

(a) a detailed description of the invention, i.e. its technical functions and its solu-tion, as well as the drawings necessary to make the invention understandable;

(b) the data on how the invention was made, and the statement that a direct or an indirect job-related invention is involved;

(c) data on the persons participating with the employee in the creation of the invention, with the description of their contributions.

(4) The notification of an invention not stating all the data from the preceding paragraph shall be deemed as correct unless within a period of one month from the receipt thereof the employer requests that it be supplemented.

Article 6(1) With the receipt of notification of a job-related invention, the employer can assert either unlimited or limited claim to such invention.

(2) Not later than within three months from receipt of the notification relating to an invention, the employer shall notify the employee which claim the employer will assert and whether he agrees with the classification of the invention.

(3) If the employer was not notified in writing of the job-related invention, the period from the preceding paragraph shall run from the date when the inven-tion came to his knowledge.

Article 7(1) The employer shall preserve in secrecy the invention notified to him by the employee as long as necessary for the employee’s interests.

(2) The employee shall preserve in secrecy the job-related invention until the disposition thereof has become free according to Article 9.

(3) Persons who have gained knowledge of an invention relating to the activ-ity performed by them according to this Act shall neither exploit nor publish such knowledge.

Article 8(1) By submittal of a written statement to the employee by which the employer asserts an unlimited claim to a job-related invention, all rights to the invention shall be transferred to the employer.

(2) By submittal of a written statement to the employee by which the employer asserts a limited claim to a job-related invention, the employer shall acquire the non-exclusive right on the use of the job-related invention.

1��EMPLOYMENT RELATED INVENTIONS ACT

MUTUAL RIGHTS AND OBLIGATIONS OF EMPLOYEES AND EMPLOYERS

(3) If the limited claim to a job-related invention clearly hinders the exploita-tion thereof, the employee may request from the employer to either assert the unlimited claim to the invention or to place the same at his free disposition within two months from the date of asserting the claim thereto.

(4) If the employee makes use of a job-related invention before the employer has expressed his view within the periods set forth herein, the disposition shall have no legal effects in relation to the employer as far as his rights are affected thereby.

Article 9(1) A job-related invention shall be placed at the free disposition of the em-ployee:

(a) if the employer has waived his claim to the invention in writing;

(b) if the employer asserted the claim to a job-related invention on a limited basis;

(c) if the employer has failed to declare within three months from receipt of the correct notification referred to in Article 5, or within two months in case of the claim referred to in Article 8(3), that he will assert an unlimited claim thereto.

(2) Job-related inventions which have become independent according to the preceding paragraph shall be placed at the employee’s disposition without any limitations referred to in Article 19.

Article 10(1) In the case of an unlimited claim to a job-related invention, the employer shall immediately file an application in the Republic of Slovenia for a patent or a short-term patent therefore. The application for a patent or for another appropriate industrial property right filed abroad shall also be considered appropriate.

(2) If the employer fails to proceed according to the preceding paragraph and is invited by the employee to file an application, but fails to do so within the time limit set in the employee’s invitation, the employee may himself file an application in the Republic of Slovenia for a patent or a short-term patent for a job-related invention claimed on an unlimited basis on behalf of and at the expense of the employer.

(3) If, in the case of an unlimited claim to a job-related invention, the employer does not file an application for a patent or another appropriate industrial prop-erty right in a foreign country, he shall place the invention at the employee’s free disposition for that country and enable him to apply therein, at his own expense, for protection of the invention. The statement placing the invention at the employee’s disposition in all or in certain countries shall be given by the employer not later than within six months from filing of the application

1�� EMPLOYMENT RELATED INVENTIONS ACT


according to paragraph 1 or 2, so as to enable the employee to make use of priority right time limits.

(4) In the case of an unlimited claim to a job-related invention, the employer need not file the application if:

(a) he obtains the opinion of the Office responsible for granting patents that the invention is not patentable;

(b) the employee agrees that the employer does not apply for protection of the invention;

(c) the provisions of Article 13 are fulfilled.

Article 11(1) Simultaneously with the filing of the application for a patent or a short-term patent for a job-related invention the employer shall submit to the employee a copy of the application and the attachments thereto. The employer shall inform the employee of the course of the proceedings for the grant of a patent with the Office.

(2) In the proceedings for the grant of a patent, the employee shall render as-sistance to the employer by giving explanations concerning the invention and by providing the necessary statements.

Article 12If before the payment of the entire compensation referred to in Article 16, the employer abandons the application for a patent or a short-term patent for a job-related invention claimed on an unlimited basis, or if he abandons the granted patent for such an invention, he shall inform the employee thereof at least three months before the expiry of the regular time limit for the payment of the maintenance fee and shall, at the request and at the expense of the lat-ter, transfer to him the right and submit the documentation necessary for the protection of such right.

Article 13(1) If the employer is interested in keeping secret a job-related invention for which a claim has been asserted and if no secret invention according to provi-sions of the Industrial Property Act is involved, he shall not be liable to patent the same. In such case, the employer shall ascertain and pay to the employee the compensation in full amount as provided by this Act.

(2) When ascertaining the compensation for the invention from the preced-ing paragraph, account will also be taken of the damage which was suffered by the employee because the invention is not protected by a patent or by a short-term patent.



Article 14

(1) In case of the employer’s bankruptcy or liquidation, the employee shall have the pre-emptive right to the invention made by him and claimed by the em-ployer on unlimited basis.

(2) In the bankruptcy proceedings, the employees’ claims for compensation referred to in Articles 15, 16 and 20 shall be settled as the costs of the bank-ruptcy proceedings.

Article 15

(1) The employee’s right to a reasonable compensation shall arise when re-ceiving the employer’s statement that he will make an unlimited claim to the job-related invention.

(2) The decisive factors for the assessment of compensation shall be, in par-ticular, the industrial applicability of a job-related invention, the employee’s assignments with the employer, and the employee’s share in creation of the invention.

Article 16

(1) In case of a limited claim to the job-related invention, the employee’s right to a reasonable compensation shall arise when the employer begins to exploit the invention.

(2) The assessment of compensation shall be in accordance with the provision of Article 15(2).

Article 17

(1) The minister competent for the field of industrial property shall, in agreement with the minister competent for labour, adopt the rules on compensation.

(2) The rules from the preceding paragraph shall apply only provided that they are more favourable for the employee than the provisions contained in collec-tive agreements or employment contracts.

Article 18

(1) The amount and the type of compensation shall be defined by the employer and the employee in a contract concluded within three months from the date of the asserted claim to the job-related invention.

(2) If several employees participated in the creation of the invention, the com-pensation shall be calculated for each of them. The employer shall notify all the employees of the total amount of compensation and of individual shares thereof.

1�� EMPLOYMENT RELATED INVENTIONS ACT


(3) If the employer and the employee fail to conclude the contract from para-graph 1 within the prescribed time limit, the employer shall, in a written rea-soned decision, ascertain and pay the compensation not later than within three months from the grant of the patent or a short-term patent for a job-related invention claimed on an unlimited base, or from the beginning of exploitation of a job-related invention claimed on a limited base.

(4) The employee may file a written objection to the decision from the foregoing paragraph with the conciliation board within one month from receipt of that decision. If he does not object within that time limit, the compensation shall be deemed ascertained by mutual agreement.

(5) If several employees participated in the creation of the invention, each em-ployee shall be entitled to object as provided in the preceding paragraph.

(6) The employee as well as the employer may at any time propose alteration of the amount of the compensation if circumstances on the basis of which the latter was assessed or fixed essentially changed. The employer may not request recover of the compensation already paid.

Article 19

(1) An employee who has made an independent invention shall notify the em-ployer thereof in writing. The notification shall contain sufficient data on the invention to enable the employer to judge whether an independent invention is involved.

(2) The employer shall confirm in writing to the employee the receipt of notifica-tion of the independent invention.

(3) Within two months from receipt of the notification of an independent in-vention, the employer may either give recognition to the employee that an independent invention is involved or else object to the independent invention with the conciliation board. If the employer fails to recognize the invention as independent in the prescribed time limit or does not institute the proceedings before the conciliation board, his entitlement to claim the invention as a job-related invention shall be lost.

(4) Prior to exploitation of an independent invention, the employee shall first offer the invention in writing to his employer for use under the licence. If the employer fails to accept the offer within two months from the receipt thereof, his pre-emptive right shall expire. If the employer accepts the offer but fails to agree with the offered conditions, he may institute the proceedings before the conciliation board within two months from receipt of the offer.

(5) The employee shall have no obligations laid down in paragraphs 1 and 4 if the independent invention evidently does not relate to the field of employer’s activity.



Article 20

(deleted)

Article 21

(1) The inventions made by university teachers, scientists and university staff in public university institutes, as well as by researchers in public research institutes shall be subject to the provisions of this Act, except for the provisions of Article 15 through Article 19, provided that the public university institute or a public research institute employing such persons:

(a) provides from the budget funds the organizational infrastructure as specified in the Statutes and needed for dealing with the inventions according to the provisions of this Act and for efficient exploitation thereof;

(b) governs in the rules of procedure the procedure of claiming job-related inventions in the manner as suited to the needs of the scientific research work and publication of scientific achievements;

(c) determines in the rules of procedure the shares which in case of exploitation of the invention are apportioned to the institute, to the unit of the institute employ-ing the inventor, and to the inventor, whereby the inventor’s share, and in case of several inventors the share of all inventors, shall not be less than 20% of the gross royalty acquired by the institute from the exploitation of the invention.

(2) The funds for the organizational infrastructure referred to in item (a) shall be provided by the State on a separate basis if the requirements referred to in items (b) and (c) of the preceding paragraph are fulfilled. The ministry com-petent for science, in agreement with the ministries competent for higher education and for technology, shall determine, whether the requirements are fulfilled.

(3) If the requirements from paragraph 1(a) and (b) fail to be fulfilled, the inven-tions of persons from the same paragraph shall be deemed as independent inventions without limitations referred to in Article 19.

(4) If the invention deemed as an independent invention according to the pre-ceding paragraph was made by natural persons from paragraph 1 within the scope of the research work funded by the institute, these persons shall notify the institute of the invention and at its request report on the exploitation thereof and the income gained therefrom. The institute shall be entitled to demand an appropriate share of the income from the invention within three months after receipt of the written notification. Such share shall not exceed the amount of funds made available by the institute.



(5) A public university institute and a public scientific institute with a research and pedagogic policy and individual employment contracts shall ensure that university teachers, scientists and university staff are assigned with the transfer of knowledge into practice.

Article 22(1) The contracts concluded by public university institutes and public scientific institutes with third persons on the funding or co-funding of research work shall specify to whom the inventions made within the scope of such research work belong, and shall regulate the issues relating to the right of use of such inventions, the amount and conditions of an eventual special compensation, thereby appropriately taking into account the contractual obligations of all participants.

(2) The contracts on the funding of research work concluded by the State with public university institutes and public research institutes shall specify that the State will abandon the rights on innovations made in the course of such re-search work.

(3) The institutes from the preceding paragraph satisfying the requirements referred to in Article 21(1)(a) and (c) shall guarantee to the contracting parties their rights to inventions according to the statutes and rules of procedure. The amounts owed to the institute under the contract on research work shall not be deemed as royalty according to Article 21(1)(c).

(4) If the requirements referred to in Article 21(1)(a) and (c) are not fulfilled, its paragraph 2 applies, unless otherwise provided by a special contract concluded by the institute with university teachers, scientific and university staff and re-searchers employed at the institute, or unless otherwise directly agreed by these persons in the research work contract.

III. SPECIAL PROVISIONS FOR NEW SHAPES OF PRODUCTS, PICTURES AND DRAWINGS

(deleted)

Article 23(deleted)



IV. CONCILIATION PROCEEDINGS

Article 24

(1) All disputes between the employee and the employer concerning rights and obligations arising from this Act shall be subject to the proceedings before the conciliation board.

(2) The conciliation board shall strive to settle the dispute by mutual agree-ment.

(3) The conciliation board shall adopt resolutions with a majority of votes.

Article 25

(1) The conciliation board shall be established at the Office.

(2) The Office performs administrative technical tasks for the conciliation board.

Article 26

(1) The conciliation board shall be composed of a chairman, a deputy chairman and four members. The deputy chairman shall replace the chairman in the event of his being prevented from attending to his duties.

(2) The chairman and the deputy chairman shall be appointed by the minister competent for the field of industrial property for a period of three years and may be re-appointed. Only persons who have passed the lawyer’s state examination may be appointed chairman or deputy chairman.

(3) Two members shall be appointed by the Director of the Office from among the persons entered into the Office’s register of representatives, for each dis-pute separately. At least one member shall have professional experience in the technical field underlying the invention.

(4) One member shall be appointed by each party in dispute.

(5) The chairman, deputy chairman and members of the conciliation board shall be entitled to remuneration and reimbursement of travel expenses in the amount of the cheapest public transport. The amount of remuneration shall be assessed by the Director of the Office.

Article 27

The parties in dispute may be represented before the conciliation board also by natural or legal persons entered into the Office’s register of representa-tives.


CONCILIATION PROCEEDINGS

Article 28

(1) The proceedings before the conciliation board shall be instituted on a written application filed with the conciliation board in four copies.

(2) The application from the preceding paragraph shall contain a short descrip-tion of the issue in dispute and the subject-matter thereof. The application shall also state the name and the address of the opposite party.

(3) If the chairman of the conciliation board establishes that the application does not fulfil the requirements of the preceding paragraph, he shall invite the applicant to supplement the application within a set time limit.

(4) The chairman of the conciliation board shall service the application to the opposite party and shall invite him to give a statement thereon.

(5) If the chairman of the conciliation board establishes that the application does not concern rights and obligations of employers and employees under this Act, he shall notify the applicant that the conciliation board is not competent to consider the matter concerned.

Article 29

(1) The proceedings before the conciliation board shall be conducted in accord-ance with the rules set by the conciliation board, each party to the proceed-ings being given the opportunity to provide an oral statement on the matter in dispute.

(2) After completion of the implementing procedure the conciliation board shall service on each party a substantiated proposal, signed by the chairman of the conciliation board, for mutual settlement of the dispute. The proposal should specify the time limit of objection and legal caution for the case where the parties do not object within the prescribed time limit.

(3) Each party may object to the proposal for mutual settlement of the dispute in writing within one month from the service of the proposal therefore.

(4) The proposal for mutual settlement of the dispute shall be adopted when the parties adopt the proposed settlement in writing.

(5) The agreement from the preceding paragraph shall be enforceable.

Article 30

(1) The proceedings before the conciliation board shall be deemed unsuccessful:

(a) if the opposite party has given no statement in the time limit specified in Article 28(4);

(b) if three months have lapsed from the date of institution of the conciliation proceedings;

1�1EMPLOYMENT RELATED INVENTIONS ACT

CONCILIATION PROCEEDINGS

(c) if the opposite party has declared his refusal to cooperate in the conciliation proceedings;

(d) if the parties fail to accept the proposal for mutual settlement in due time.

(2) The chairman of the conciliation board shall notify the parties of unsuccessful outcome of the conciliation proceedings.

Article 31(1) The proceedings before the conciliation board shall be free of charge.

(2) Each party shall bear its own costs of the proceedings, unless otherwise agreed upon.

V. JUDICIAL PROTECTION

Article 32(1) Judicial protection of rights shall only be permitted on condition that concili-ation proceedings were instituted beforehand but failed.

(2) Without prior institution of conciliation proceedings, the judicial protection is permitted solely in cases:

(a) when the employee’s labour relationship was terminated;

(b) if the claim was lodged for an interlocutory order or for the issue of a pay-ment order.

Article 33Disputes between the employee and the employer concerning rights and ob-ligations arising from this Act shall be subject to the labour court.

VI. PENALTY PROVISIONS

Article 34A fine of no less than 1 000 000 tolars1 shall be imposed on an employer for com-mitting the offence of failing to preserve in secrecy the invention notified to him by the employee as long as necessary for the employee’s interest (Article 7(1)).

� EUR 4173


JUDICIAL PROTECTION

Article 35A fine of no less than 50 000 tolars2 shall be imposed on a person for commit-ting the offence of exploiting or publishing the invention that has come to his knowledge (Article 7(3)).

Article 36A fine of no less than 50 000 tolars1 shall be imposed on an employee for com-mitting the offence of failing to render assistance to the employer by giving explanations concerning the invention and necessary statements in the course of the proceedings at the Office (Article 11(2)).

Article 37A fine of no less than 200 000 tolars3 shall be imposed on an employer for com-mitting the offence of failing to inform the employee of the right and to transfer to him the same at his request and at his expense, and failing to submit the documentation necessary for the protection of such right (Article 12(1)).

TRANSITIONAL AND FINAL PROVISIONS of the Act of 18 December 2006 Amending the Employment

Related Industrial Property Rights Act

Article 25Proceedings before the conciliation board instituted prior to the coming into effect of this Act shall be terminated according to the provisions of this Act applicable hitherto.

Article 26The minister competent for the field of industrial property shall bring the Rules on compensations for innovations created during employment (Official Gazette RS Nos. 31/98 and 14/99) into line with the provisions of this Act.

Article 27The present Act shall come into effect fifteen days following its publication in the Official Gazette of the Republic of Slovenia.

� EUR 209� EUR 835



ACT ON THE PROTECTION OF TOPOGRAPHIES OF INTEGRATED CIRCUITS*

of30March1995

aslastamendedon26May2006

(asinforcefrom10June2006)

* Published in the Official Gazette RS Nos. 21/95, 96/02 and 60/06.

Article 1

Pursuant to Council Directive 87/54/EEC of 16 December 1986 on the legal protection of topographies of semiconductor products (OJ L 24, 27 January 1987, p. 36) and Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the Enforcement of Intellectual Property Rights (OJ L 195, 2 June 2004, p. 16), this Act shall regulate the granting of protection and the protection of integrated circuit topographies.

Article 2

“Integrated circuit” shall mean the final or intermediate form of any product intended to perform an electronic function, consisting of a body of material which includes one or more connected layers composed of integrated ele-ments, of which at least one shall be an active element.

“Topography of an integrated circuit” (hereinafter: “topography”) shall mean an invariably fixed series of related images for each layer of the integrated circuit, representing the disposition of semiconducting elements on layers, however fixed or encoded or otherwise expressed.

“Commercial exploitation” of a topography shall mean the manufacture, sale, rental, leasing or any other method of commercial distribution, directly relating to a topography or an integrated circuit produced on the basis of the respec-tive topography.

Article 3

The right to protection of a topography shall apply in favour of its creator. Where a topography is the product of more than one creator, the right shall apply in favour of all such persons.

Where a topography is created in the course of the creator’s employment or on the basis of an order, the right to protection shall apply in favour of the creator’s employer or person placing the order, unless the terms of employment or of the order provide to the contrary.

Persons entitled to the right under the first and second paragraphs may be natural persons who are nationals of the Republic of Slovenia or companies and other legal persons with a registered office in the territory of the Republic of Slovenia. Persons entitled to the right under the first and second paragraphs may also be natural persons who are not nationals of the Republic of Slovenia and do not have their habitual residence in the territory of the Republic of Slovenia or foreign companies and other foreign legal persons, as a result of international contracts and conventions or of the application of the principle of reciprocity.

1��ACT ON THE PROTECTION OF TOPOGRAPHIES OF INTEGRATED CIRCUITS

Article 4The Slovenian Intellectual Property Office (hereinafter: “Office”) shall maintain a register of protected topographies and shall perform the administrative proceedings and other administrative matters relating to granting the right of protection of a topography.

Natural and legal persons may only be represented in proceedings before the Office by representatives entered in the register of patent agents, pursuant to the act regulating the granting and protection of industrial property rights.

There shall be no appeal against a decision taken by the Office in accordance with this Act; however, an administrative appeal proceeding shall be possible.

The register referred to in the first paragraph is a public document.

Article 5A topography may be protected if it is original.

A topography shall be considered to be original if it is the result of its creator’s own intellectual efforts and was not commonplace in the semiconductor in-dustry at the time it was created.

Where a topography consists of elements that are commonplace in the relevant in-dustry, only the combination of such elements shall be protected, provided that it fulfils the conditions relating to originality, as provided in the second paragraph.

Article 6The holder of a protected topography shall be granted exclusive rights of com-mercial exploitation, including the right to authorise or prohibit any of the fol-lowing acts:

– reproduction of the topography by any means or in any form;

– importation, sale or other form of distribution of the topography or integrated circuit incorporating the respective topography or products that include the integrated circuit incorporating the respective topography.

The exclusive rights referred to in the first paragraph shall not extend to any concept, process, system or technique embodied in the topography other than the topography itself.

Article 7A topography shall be protected when it is entered in the register of topog-raphies.

The exclusive rights shall commence application from the earlier of the fol-lowing dates:

– date of filing of application pursuant to Article 9 of this Act;

1�� ACT ON THE PROTECTION OF TOPOGRAPHIES OF INTEGRATED CIRCUITS

– the date when the respective topography was first commercially exploited anywhere in the world.

The exclusive rights shall cease application 10 years after the earlier of the fol-lowing dates:

– the end of the calendar year in which the period ten years from the date the to-pography was first commercially exploited anywhere in the world expires; or

– the end of the calendar year following the expiry of the ten year period from the date a correct application was filed.

The exclusive rights shall expire before the period defined in the third paragraph of this Article if the respective fees are not paid or if the holder of the protected topography renounces protection in writing.

Notwithstanding the third paragraph, if a topography has not been commer-cially exploited, the exclusive rights shall expire after 15 years from its fixation or encoding.

Within the term of protection, the right holder shall be entitled to mark the respective integrated circuit with a capital T.

Article 8

An application may not be filed after the lapse of two years from the date when the topography was first commercially exploited.

Article 9

The procedure for the registration of a right of protection shall commence with a request relating to entry in the register, which shall be accompanied by all prescribed items (hereinafter: application).

The application must contain the following items:

– name and signature of the applicant, name of the creator, nationality and habitual residence or registered office of the applicant;

– images relating to the respective topography, accompanied by a mention of their sequence;

– an abstract comprising the characteristics of the electronic function or func-tions of an integrated circuit, manufactured on the basis of the protected topography;

– if the topography has already been commercially exploited, a statement in writing of the date when the respective topography was first commercially exploited.

A separate application shall be filed for each topography.


The minister responsible for intellectual property shall issue regulations specify-ing in greater detail the contents of applications.

Article 10Fees shall be paid in consideration of the registration and maintenance of pro-tection of a topography.

The Government of the Republic of Slovenia shall lay down regulations deter-mining the amount of the fees mentioned in the first paragraph.

Article 11The Office shall mark each application with the date of submission and an ap-plication number, and shall issue the application with a receipt of application.

The Office shall examine whether the application fulfils the conditions relating to the entry in the register of topographies as specified in the first paragraph of Article 9.

The request shall be rejected if the application does not fulfil those conditions.

If the application fulfils the conditions only in part, the Office shall invite the applicant to amend the application within a time limit of two months. The Of-fice may, for legitimate reasons and at the request of the applicant, extend this term for another three months. If the applicant fails to reply in due time, the application shall be deemed to be withdrawn.

If an application fulfils all the conditions, it shall be entered in the register of topographies and the applicant shall be issued a certificate relating to the entry in the register.

The entry in the respective register shall be published in the Official Bulletin of the Office.

Article 11aAt least the following data shall be entered in the register of topographies: registration number, application date and number, date of publication, date of entry in the register, data on the rights holder (surname, name and address or company name and registered office), data on the creator (surname, name, address, wherein a statement of town and country shall suffice), and the date the rights cease to apply.

Information on judicial disputes and final court judgments which the Office is notified of shall also be entered in the register of topographies.

The minister responsible for intellectual property shall define the content of the register and procedure for entering changes in the register in greater detail in an implementing regulation.

1�8 ACT ON THE PROTECTION OF TOPOGRAPHIES OF INTEGRATED CIRCUITS

Article 12

The registration shall be invalidated if it is established that:

– a topography is not original; or

– the application has not been filed by a natural or legal person entitled to protection; or

– the application was filed after the time limit defined in the fifth paragraph of Article 7 or Article 8; or

– images relating to the topography do not enable its identification.

Any natural or legal person may institute an action before a competent court to declare the rights null and void on the grounds referred to in the preceding paragraph.

The final judgment shall be published in the Official Bulletin of the Office.

Article 13

A person whose rights have been infringed may, in addition to claiming dam-ages, request that the person infringing his right be prohibited from continuing to infringe those rights.

Any person who infringes the rights pertaining to a protected topography shall be liable for any resultant damages in accordance with the general principles governing compensation for damage. The following cases shall not be consid-ered an infringement of legally protected rights:

– reproduction of the protected topography for non-commercial purposes;

– reproduction of the protected topography for the purpose of analysing or evaluating its concept, processes, systems and techniques, embodied in the topography, or for research or educational purposes; or

– commercial exploitation of a new topography which has been created, how-ever, on the basis of analyses and evaluation of the protected topography, but is considered to be original and the result of its creator’s own intellectual efforts and is not commonplace in the semiconductor industry.

The provision of the first paragraph of this Article shall also apply to the succes-sors in title of the person referred to in the first paragraph of this Article.

Article 14

A person who commercially exploits an integrated circuit incorporating a pro-tected topography and who does not know or has no reasonable grounds to believe that the topography of the product is protected, shall not be prevented from commercially exploiting that integrated circuit.


Compensation, the amount of which depends on the scope of commercial exploitation of the protected topography, may be claimed from the person referred to in the first paragraph by the holder of the protected topography. Compensation may be claimed as from the date when the person referred to in the first paragraph knew or had reasonable grounds to believe that the topography was protected.

The amount of compensation under the second paragraph shall be agreed upon between the holder of the protected topography and the person referred to in the first paragraph of this Article. If no agreement is reached, the competent court shall establish the amount of compensation.

The provisions of the first paragraph of this Article shall also apply to the suc-cessors in title of the person.

The right of commercial exploitation referred to in the first paragraph shall be limited to importation, sale or distribution of the products of integrated circuits or other products incorporating the respective topography and shall apply to a topography or products that were on hand at the time the claim under the second paragraph was received.

Article 15The rights provided for in the second indent of the first paragraph of Article 6 of this Act may not be exercised after the protected topography or integrated circuit has been put on the market by the respective right holder or with his consent.

Article 16Pursuant to this Act, only topographies that have been created after the date this Act has entered into force may be protected.

Article 17In procedures pursuant to this Act, the following provisions of the act regulat-ing the granting and protection of industrial property rights shall apply mutatis mutandis: the sending of information on applications and granted or registered rights, confidentiality of and access to applications, administrative disputes, procedures for legal action, the transfer and licensing of rights, the entry of changes to the register, the procedure for entering changes to the register, capacity to sue, infringement actions, damage compensation, submission of evidence, temporary injunctions, protection of evidence, obligation to notify, representation before the Office, representative of foreign persons, and revoca-tion and termination of authorisation.

180 ACT ON THE PROTECTION OF TOPOGRAPHIES OF INTEGRATED CIRCUITS

LIST OF INTERNATIONAL TREATIES WHICH SLOVENIA

IS PARTY TO*

* As per January 2008

General

Convention Establishing the World Intellectual Property Organization (from 25 June 1991)

Agreement on Trade-Related Aspects of Intellectual Property Rights (from 30 June 1995)

Industrial property

Paris Convention for the Protection of Industrial Property (from 25 June 1991)

Locarno Agreement Establishing an International Classification for Industrial Designs (from 25 June 1991)

Madrid Agreement Concerning the International Registration of Marks (from 25 June 1991)

Nice Agreement Concerning the International Classification of Goods and Serv-ices for the Purposes of the Registration of Marks (from 25 June 1991)

Patent Cooperation Treaty (from 1 March 1994)

Hague Agreement Concerning the International Deposit of Industrial Designs (from 13 January 1995)

Budapest Treaty on the International Recognition of the Deposit of Microorgan-isms for the Purposes of Patent Procedure (from 12 March 1998)

Protocol Relating to the Madrid Agreement Concerning the International Reg-istration of Marks (from 12 March 1998)

Nairobi Treaty on the Protection of the Olympic Symbol (from 14 May 1998)

Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks (from 10 August 2001)

Strasbourg Agreement Concerning the International Patent Classification (from 10 May 2002)

Trademark Law Treaty (from 26 May 2002)

Convention on the Grant of European Patents (from 1 December 2002)

Act Revising the Convention on the Grant of European Patents (European Patent Convention) (from 1 December 2002)

182 LIST OF INTERNATIONAL TREATIES WHICH SLOVENIA IS PARTY TO

Agreement on the Application of Article 65 of the Convention on the Grant of European Patents (from 1 December 2002)

Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (from 23 December 2003)

Patent Law Treaty (from 28 April 2005)

Copyright and related rights

Berne Convention for the Protection of Literary and Artistic Works (from 25 June 1991)

Universal Copyright Convention (from 25 June 1991)

Convention Relating to the Distribution of Programme-Carrying Signals Trans-mitted by Satellite (from 25 June 1991)

International Convention for the Protection of Performers, Producers of Phono-grams and Broadcasting Organisations (from 9 October 1996)

Convention for the Protection of Producers of Phonograms Against Unauthor-ized Duplication of Their Phonograms (from 15 October 1996)

WIPO Copyright Treaty (from 6 March 2002)

WIPO Performances and Phonograms Treaty (from 20 May 2002)

Protection of new varieties of plants

International Convention for the Protection of New Varieties of Plants (from 29 July 1999)

18�LIST OF INTERNATIONAL TREATIES WHICH SLOVENIA IS PARTY TO

Izdal in založil: UradRSzaintelektualnolastninoMinistrstvozagospodarstvoKotnikova6,1000Ljubljana

Oblikovanje: BoštjanLešnjak

Naklada: 300izvodov



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Documents

INTELLECTUAL PROPERTY ACTS OF THE REPUBLIC OF SLOVENIA · CIP - Kataložni zapis o publikaciji Narodna in univerzitetna knjižnica, Ljubljana 347.77/.78(497.4)(094.5) SLOVENIJA. Zakoni